Schlain v. Women's Radiology, P.C.

—Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered February 1, 2002, which dismissed plaintiff’s action with prejudice for her failure to proceed to trial, unanimously reversed, on the law, without costs, the complaint reinstated and the matter remanded for further proceedings.

By summons and complaint dated April 19, 2000 and April 28, 2000, respectively, plaintiff commenced an action sounding in medical malpractice. The matter was adjourned on September 20, 2001, and again on November 27, 2001, the latter date being the date of the compliance conference. The…