Threatt v. Seton Health System, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Appeal from an order of the Supreme Court (Lynch, J.), entered April 21, 2000 in Schenectady County, which granted plaintiffs’ motion to vacate an automatic dismissal and restore the case to the trial calendar.
Plaintiffs commenced this medical malpractice action on January 22, 1996, alleging that defendants’ negligence in the course of performing a surgical procedure on plaintiff Priscilla Threatt caused a permanent peripheral neuropathy in her left leg. Plaintiffs filed a note of issue in October 1996, but the note of issue was stricken with the parties’ consent on April 20, 1998 because…
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