A state appeals court has reinstated a medical malpractice and wrongful death lawsuit that was dismissed for willful failure to provide discovery, citing an incomplete lower-court record on the discovery, including why it was sent to the wrong counsel, and “the strong public policy in favor of resolving disputes on the merits.”

An Appellate Division, Second Department panel has ruled that the Suffolk County Supreme Court must hold further proceedings on the branch of the defendants’ motion that had successfully sought to strike the complaint of plaintiff Damon Strong for willful failure to provide discovery.

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