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.”

A unanimous Appellate Division, First Department panel made the ruling in an action launched in 2019 by a former Mount Sinai Hospital patient who alleged that the Manhattan-based hospital and two named physicians had, in part, failed to ”timely and properly diagnose and treat his liver disease” and failed to timely perform a liver transplant or refer the patient for a transplant, according to lawsuit complaint.

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