DRUMMOND v. WINIARSKY

2017-12597. Index No. 13448/12.

169 A.D.3d 1005 (2019)

92 N.Y.S.3d 908

2019 NY Slip Op 01391

Lloyd Drummond, Respondent, v. Raz Winiarsky, M.D., Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided February 27, 2019.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was to dismiss the complaint based on the plaintiff's failure to comply with a conditional order of dismissal is granted.

As a consequence of the plaintiff's failure to comply with the conditional order of dismissal, that order became absolute. To be relieved from the adverse impact of the conditional order of dismissal, the plaintiff...

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