Stevens v. Auburn Memorial Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law without costs, order of dismissal vacated, motion denied and complaint against defendant Robert E. Lubanski, M.D. reinstated. Memorandum: Plaintiff commenced this action against defendants, Auburn Memorial Hospital (Hospital) and Robert E. Lubanski, M.D., seeking damages for injuries sustained by her infant daughter during birth. Plaintiff thereafter filed a note of issue and certificate of readiness for trial, and a trial was scheduled for February 14, 2000. Lubanski then sought an adjournment of the trial, and plaintiff stipulated to that adjournment.…
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