Appellate Division, First Department at 27 Madison Ave. Photo: Ryland West/ALM First Department Restores Wrongful Death Case Dismissed After Discovery Delays Partially Attributed to Pandemic
"After the motion court dismissed this action without prejudice, to be restored with an affidavit of merit, plaintiff immediately hired and paid an expert to opine on the merits of the case," but that "plaintiff lost contact with that expert, and then the COVID-19 pandemic occurred," said the Appellate Division, First Department court in its opinion.
April 26, 2023 at 02:36 PM
4 minute read
A state appeals court ruled that a plaintiff's wrongful death action against a medical facility that treated and released a man with schizophrenia who was found dead on a Manhattan street— dismissed because the plaintiff did not meet a discover-order time limit—should be restored.
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