Opinion
April 28, 1998
Appeal from the Supreme Court, Bronx County (Douglas McKeon, J.).
In this medical malpractice and wrongful death action arising from the death of plaintiff's father in Jacobi Hospital, the absence of any notice in the file of plaintiff's former attorneys and plaintiff's sworn statement that she was never informed by them of any examination constitute a sufficiently reasonable excuse for her nonappearance to warrant denial of the drastic remedy of dismissal. Reinstatement of the complaint is nevertheless conditioned upon plaintiff's compliance with defendants' demand for an examination pursuant to General Municipal Law § 50-h.
Concur — Sullivan, J.P., Milonas, Mazzarelli and Andrias, JJ.