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ROSENBERG v. MAGGIO

281 A.D.2d 183 (2001)

721 N.Y.S.2d 521

CHRISTOPHER ROSENBERG, an Infant, by His Parents and Natural Guardians, STUART ROSENBERG et al., et al., Respondents, v. JOHN J. MAGGIO, M.D., et al., Appellants.

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

Decided March 6, 2001.

The judgment was properly vacated upon the affirmation of plaintiffs' attorney representing that the reason he did not appear at the conference was because he had mistakenly calendared it under the wrong date in his diary (see, Mediavilla v Gurman, 272 A.D.2d 146; Telep v Republic El. Corp., 267 A.D.2d 57, 58), and upon the affidavit of a physician specifying defendants' departures from...

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