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Lawrence v. Sotudeh

Appellate Division of the Supreme Court of New York, Second Department
Mar 8, 2004
5 A.D.3d 445 (N.Y. App. Div. 2004)

Opinion

2003-02050.

Decided March 8, 2004.

In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Westchester County (Di Blasi, J.), dated December 10, 2002, which dismissed the complaint upon the plaintiff's failure to appear at a status conference as directed by a prior court order.

Samuel Weininger, Lake Success, N.Y. (Mary Beth Ott of counsel), for appellant.

Anthony Sammartano, White Plains, N.Y., for respondent.

Before: DAVID S. RITTER, J.P., SONDRA MILLER, SANDRA L. TOWNES, STEPHEN G. CRANE REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the appeal is dismissed, with costs to the respondent.

No appeal lies from an order made upon the default of the appealing party ( see CPLR 5511; Kandel v. Hoffman, 309 A.D.2d 904) . The proper procedure would have been for the plaintiff to move to open her default and to vacate the order dated December 10, 2002, and if necessary, appeal from the denial of the motion to vacate ( see Grober v. Busigo, 133 A.D.2d 389; Imor v. Imor, 114 A.D.2d 552, 553).

RITTER, J.P., S. MILLER, TOWNES, CRANE and RIVERA, JJ., concur.


Summaries of

Lawrence v. Sotudeh

Appellate Division of the Supreme Court of New York, Second Department
Mar 8, 2004
5 A.D.3d 445 (N.Y. App. Div. 2004)
Case details for

Lawrence v. Sotudeh

Case Details

Full title:GLORIA LAWRENCE, appellant, v. SHAZRIAR SOTUDEH, ETC., respondent

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

Date published: Mar 8, 2004

Citations

5 A.D.3d 445 (N.Y. App. Div. 2004)
772 N.Y.S.2d 590

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