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TUNELL v. MAYNARD

Index No. 805333/15. Appeal No. 16417. Case No. 2021-03302.

209 A.D.3d 515 (2022)

176 N.Y.S.3d 618

2022 NY Slip Op 05779

Dorian Tunell et al., Appellants, v. Michael J. Maynard, M.D., et al., Respondents.

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

Decided October 13, 2022.

Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York (Scott T. Horn of counsel), for appellants.

Mauro Lilling Naparty LLP, New York (Richard J. Montes of counsel), for respondents.

Concur—Kapnick, J.P., Webber, Oing, González, Kennedy, JJ.

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered June 10, 2021, which denied plaintiffs' CPLR 5015(a)(1) motion to vacate the judgment, same court and Justice, entered August 4, 2020, dismissing the action, unanimously affirmed, without costs.

This medical malpractice action, commenced in 2015, was dismissed on the day jury selection was scheduled, based on plaintiffs' default, namely their failure to retain an expert witness for trial (see...

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