Wilson v. Misericordia Hospital
Court: Appellate Division of the Supreme Court of the State of New York; November 5, 1997; New York; State Appellate Court
The Supreme Court of Bronx County, under Justice Luis Gonzalez, issued an order on January 23, 1996, affirming the plaintiffs' motion to vacate a prior order that dismissed the action for failure to prosecute due to default. The court found no reason to overturn the established law of the case, which indicated that the action had merit. It recognized that the plaintiff was misled by his former attorney regarding the case's status and demonstrated commendable effort by reporting the attorney to the Departmental Disciplinary Committee. The court concluded that the plaintiff should not face dismissal of the action due to the negligence of his former attorney and identified no undue prejudice resulting from the delay. The decision was unanimously affirmed with no costs.