X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Albany, N.Y.�A secretary’s failure to enter a court deadline in the calendar system of a two-lawyer firm where everyone was seriously distracted at about the same time has cost several malpractice claimants the chance to obtain damages from a bankrupt hospital. The law firm failed to convince the chief Northern District of New York bankruptcy judge, Stephen D. Gerling, that it had met the standard for excusable neglect in missing the deadline. Judge Gerling ruled in In re Crouse Health, No. 01-60785-60790, that since the secretary was under the control of the law firm, her oversight is ultimately the firm’s responsibility and is not excusable. The surrounding circumstances, the judge noted, were unusual. One partner, Joseph S. Cote of Syracuse, N.Y., was in China adopting a baby. The other was serving in the military in Iraq. And the secretary went into premature labor as the deadline approached. The matter involves the Chapter 11 bankruptcy reorganization of Crouse Hospital, a major health care provider in central New York. The missed deadline, set in September 2003, was Dec. 31, 2003. Seventy-eight days after it was missed, new attorneys moved on behalf of the clients for an extension. Now it has been denied by Gerling.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.