Uy v. North Shore University Hospital

In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from an order of the Supreme Court, Nassau County (Goldstein, J.), entered March 18, 1997, which denied his motion to vacate a judgment of the same court entered October 7, 1996, dismissing the complaint insofar as asserted against the defendant Dr. Leonard Benedict, upon the plaintiffs purported default in complying with a conditional order of preclusion dated April 30, 1996.

Ordered that the order is reversed, with costs, the motion to vacate the judgment is granted, and the complaint insofar as *608asserted…