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BERENGUER v. ST. BARNABAS HOSP.

9464, 304759/09.

172 A.D.3d 630 (2019)

101 N.Y.S.3d 43

2019 NY Slip Op 04267

Yolanda Berenguer, Appellant, v. St. Barnabas Hospital, Formerly Known as Home for Incurables, et al., Respondents, et al., Defendants.

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

Decided May 30, 2019.

The trial court dismissed the action pursuant to 22 NYCRR 202.27 upon plaintiff's failure to proceed to trial. As an initial matter, plaintiff demonstrated that she did not receive adequate notice of the advanced trial date. Thus, her failure to proceed with the trial on that date did not constitute a default (see Pelaez v Westchester Med. Ctr., 15 A.D.3d 375, 376 [2d Dept 2005]).

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