“Although strong public policy supports resolving cases on the merits, here, plaintiffs had more than enough time to secure an expert witness for trial,” wrote the Appellate Division, First Department court.
October 18, 2022 at 06:29 PM
4 minute read
Staff reporter
A state appeals court has knocked down a medical-malpractice plaintiff’s effort to revive his lawsuit after it was dismissed on the eve of trial because he couldn’t find a supporting expert witness.
“There is no indication that [plaintiff’s] counsel’s efforts to retain a trial expert were inadequate,” the court said plainly.
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The appellate court dismissed a motion that would’ve revived a lawsuit brought against the Hospital for Special Surgery in Manhattan, and an associated physician. Photo: Wikimedia
