Appellate Division of the Supreme Court of New York, 2011

Imperato v. Mount Sinai Medical Center

Imperato v. Mount Sinai Medical Center
Appellate Division of the Supreme Court of New York · Decided March 1, 2011
82 A.D.3d 414; 917 N.Y.2d 857
Imperato v. Mount Sinai Medical Center

Opinion of the Court

*415Plaintiffs’ counsel’s debilitating illness, coupled with “law office failure,” was a reasonable excuse warranting relief from the preclusion order entered on default (see Frenchy’s Bar & Grill v United Intl. Ins. Co., 251 AD2d 177, 177-178 [1998]). Plaintiffs’ expert witness disclosure sufficiently delineated defendants’ alleged departures from accepted medical practice and their causal connection to plaintiffs’ injuries (Ford v Empire Med. Group, 123 AD2d 820, 821-822 [1986]; see also Levy v New York City Hous. Auth., 287 AD2d 281 [2001]). Moreover, there is no evidence that the failure to timely disclose was willful, contumacious or manifested bad faith (Tsai v Hernandez, 284 AD2d 116, 117 [2001]). Concur — Sweeny, J.P., Catterson, Moskowitz, Renwick and Richter, JJ.

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