Appellate Division, First Department at 27 Madison Ave., New York City. Photo: Ryland West/ALM In Med Mal Case, First Department Rules Failure to Oppose Dismissal Motion Doesn't Render Dismissal 'Unappealable'
The First Department court, though, still affirmed dismissal of the case "on the merits," saying that the plaintiffs' "longstanding pattern of noncompliance with discovery demands and court orders ... raised an inference of willful and contumacious conduct."
February 09, 2023 at 10:10 AM
3 minute read
Civil Procedure
A state appeals court Tuesday ruled in a medical malpractice lawsuit that plaintiffs' failure to submit opposition papers to the physicians' ultimately granted motion to dismiss didn't block plaintiffs from appealing the dismissal since they had "orally opposed the motion during the final discovery conference."
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