Motion to vacate dismissal2/9/2024 ![]() ![]() ![]() The Supreme Court of the State of New York, Appellate Division, Second Judicial Department affirmed, thereby agreeing with the lower court’s denial of the plaintiff’s motion to vacate its earlier order dismissing the plaintiff’s complaint against the defendants. The trial court denied the plaintiff’s motion, and she appealed. In March 2016, the plaintiff retained a new attorney, who filed a motion to vacate the previous order of dismissal on the grounds that the plaintiff had not intended to abandon her case and that her previous attorney had not informed her about the previous discovery demands or the court’s orders in response thereto. The plaintiff did not appear or oppose the defendants’ motions, and the trial court judge dismissed the plaintiff’s case. In June 2014, the trial court directed the plaintiff to appear or else the defendants’ motions to dismiss would be granted. The plaintiff’s attorney refused to provide the information and documents sought by the defendants, and, eventually, the defendants filed a motion to dismiss the plaintiff’s complaint. The defendants also requested authorizations permitting them to access the plaintiff’s medical records. Two months later, the defendants’ attorney submitted demands for a bill of particulars to the plaintiff’s attorney. In 2013, the plaintiff filed suit against the defendants, asserting a claim for podiatric malpractice in relation to surgical treatment that the defendants had performed upon the plaintiff. In a recent case, the plaintiff was a former patient of the defendant medical providers. ![]() Failure to act within the time allowed by law can result in dismissal of what might otherwise have been a successful claim for damages. Not only is it prudent to contact attorney as soon as you suspect that an act of medical negligence has taken place, it is imperative that all paperwork be filed in a timely fashion. This includes not only the initial complaint for damages but also other documentation that is required as the case progresses. In a Syracuse medical malpractice lawsuit, time is of the essence. ![]()
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