The Appellate Division, Second Department today affirmed not only the order of the trial court, but also the efforts by Robert G. Vizza, the partner who argued the appeal in Hagler v Southampton Hosp. et al, 2018 NY Slip Op 05579. Plaintiff was not ready to try this alleged brain-damaged baby case when the matter reached the trial calendar in 2002 and 2003. Twelve years later, Bartlett trial partner Joseph M. O’Connor successfully opposed plaintiff’s efforts in Supreme Court, Suffolk County to restore the action to the trial calendar. A unanimous panel of justices presiding in the Appellate Division, Second Department, affirmed the dismissal of plaintiff’s complaint, agreeing that Bartlett’s client was prejudiced by the delay, given that more than twenty years had elapsed since the time of the labor and delivery.
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