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Leale v. New York City Hlt. Hospitals Corp.

Appellate Division of the Supreme Court of New York, Second Department
Apr 9, 1979
69 A.D.2d 832 (N.Y. App. Div. 1979)

Opinion

April 9, 1979


In a medical malpractice action, defendants appeal from an order of the Supreme Court, Queens County, entered September 26, 1978, which denied their motion, inter alia, to vacate an order entered against them on default. Order reversed and motion granted, without costs or disbursements, on condition that defendants' attorney (the office of the Corporation Counsel) pay $500 to the plaintiff within 20 days after entry of the order to be made hereon; in the event that such condition is not complied with, then order affirmed, with $50 costs and disbursements. In view of the strong public policy that actions be disposed of on their merits (see, e.g., Dahlem v. Universal School Bus Leasing, 35 A.D.2d 992), and the apparent lack of culpability on the part of the defendants in the instant default, it is our belief that the motion to vacate should have been granted upon the conditions indicated (see, generally, Moran v. Rynar, 39 A.D.2d 718). Hopkins, J.P., Gulotta, Shapiro and Cohalan, JJ., concur.


Summaries of

Leale v. New York City Hlt. Hospitals Corp.

Appellate Division of the Supreme Court of New York, Second Department
Apr 9, 1979
69 A.D.2d 832 (N.Y. App. Div. 1979)
Case details for

Leale v. New York City Hlt. Hospitals Corp.

Case Details

Full title:HATTIE LEALE, Respondent, v. NEW YORK CITY HEALTH AND HOSPITALS CORP. et…

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

Date published: Apr 9, 1979

Citations

69 A.D.2d 832 (N.Y. App. Div. 1979)