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Jankie-Alli v. Mount Sinai Medical Center

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 1999
262 A.D.2d 188 (N.Y. App. Div. 1999)

Opinion

June 22, 1999.

Appeal from the Supreme Court, Bronx County (Barry Salman, J.).


Plaintiffs' failure to file a note of issue in response to defendants' 90-day demand was properly excused upon a showing that plaintiffs and their attorneys frequently relocated throughout the time the action has been pending, and medical documentation, including some of defendants' own records, demonstrating a meritorious cause of action. Defendants' claim of prejudice is unpersuasive since it appears that the case will turn mainly on medical records rather than witnesses' memories ( see, Esbri v. Westchester Sq. Med. Ctr., 260 A.D.2d 217).

Concur — Rosenberger, J. P., Mazzarelli, Rubin, Saxe and Buckley, JJ.


Summaries of

Jankie-Alli v. Mount Sinai Medical Center

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 1999
262 A.D.2d 188 (N.Y. App. Div. 1999)
Case details for

Jankie-Alli v. Mount Sinai Medical Center

Case Details

Full title:PAMELA JANKIE-ALLI et al., Respondents, v. MOUNT SINAI MEDICAL CENTER et…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 22, 1999

Citations

262 A.D.2d 188 (N.Y. App. Div. 1999)
691 N.Y.S.2d 766

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