Van Hoven v. Lenox Hill Hospital

—Order of the Supreme Court, New York County (Ira Gammerman, J.), entered November 5, 1992, which denied plaintiffs’ motion seeking vacatur of the court’s dismissal of the complaint, unanimously reversed, on the law, the facts, and in the exercise of discretion and the complaint is reinstated, on condition that the plaintiffs pay $500 costs to defendant’s counsel.

This medical malpractice action was originally scheduled for trial on October 15, 1991. Plaintiffs moved for an adjournment due to the unavailability of their expert. In response to plaintiffs’ request the IAS Court sua sponte…