Legal Opinion

Imperato v. Mount Sinai Medical Center

Appellate Division of the Supreme Court of the State of New York

Decided March 1, 2011PublishedCited by 3 opinions

1Opinion of the Court

*415Plaintiffs’ counsel’s debilitating illness, coupled with “law office failure,” was a reasonable excuse warranting relief from the preclusion order entered on default (see Frenchy’s Bar & Grill v United Intl. Ins. Co., 251 AD2d 177, 177-178 [1998]). Plaintiffs’ expert witness disclosure sufficiently delineated defendants’ alleged departures from accepted medical practice and their causal connection to plaintiffs’ injuries (Ford v Empire Med. Group, 123 AD2d 820, 821-822 [1986]; see also Levy v New York City Hous. Auth., 287 AD2d 281 [2001]). Moreover, there is no evidence that the failure to…

2Cases cited4 opinions

  1. Levy v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2001
  2. Ford v. Empire Medical GroupAppellate Division of the Supreme Court of the State of New York · 1986
  3. Frenchy's Bar & Grill v. United International InsuranceAppellate Division of the Supreme Court of the State of New York · 1998
  4. Tsai v. HernandezAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by3 opinions

  1. Cochran v. Cayuga Medical Center at IthacaAppellate Division of the Supreme Court of the State of New York · 2011
  2. LOUCKS, CAROLYN v. KLIMEK, JR., M.D., WALDEMARAppellate Division of the Supreme Court of the State of New York · 2013
  3. Ju Eun Jang v. All Mobile Video, Inc.Appellate Division of the Supreme Court of the State of New York · 2015

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