Kelly v. Long Island College Hospital

Miller, J.,

dissents, and votes to reverse the order appealed from, as a matter of discretion, and to reinstate the complaint, with the following memorandum, with which Copertino, J., concurs: I cannot agree with the majority’s conclusion that the order appealed from is accurately characterized as having been entered upon the appellant’s default in appearing at a preliminary conference. Therefore, I would not dismiss this appeal.

A preliminary conference was held on November 29, 1990, and through an unintentional oversight, counsel for the plaintiff failed to appear. At this conference, which…