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IMPERATO v. MOUNT SINAI MEDICAL CENTER

Appellate Division of the Supreme Court of New York, First Department.
Mar 1, 2011
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Plaintiffs' 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 Int'l. Ins. Co., 251 AD2d 177, 177-178). 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; see also Levy v New York City Hous. Auth., 287 AD2d 281). 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).