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BARTON v. EXECUTIVE HEALTH EXAMINERS

277 A.D.2d 27 (2000)

716 N.Y.S.2d 3

FLORENCIA BARTON, as Executrix of FEDERICO SANTOS, Deceased, Appellant, v. EXECUTIVE HEALTH EXAMINERS et al., Defendants, and A.F. GOVONI et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 9, 2000.

In this medical malpractice action, it is undisputed that plaintiff did not receive notice of the conference at which the complaint was dismissed based on her failure to appear. At the time, plaintiff had a pending discovery motion to compel the deposition of a party defendant. Plaintiff's counsel, who only learned of the dismissal in the opposition papers to the deposition motion, within two weeks thereafter moved to vacate the...

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