Cadichon v Facelle

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This case arose when plaintiffs commenced a medical malpractice suit against defendants for injuries allegedly sustained by Mrs. Cadichon during surgery in July 2002. At issue on appeal was the May 3, 2007 stipulation. The court subsequently concluded that it was apparent from the record that neither plaintiffs nor defendants acted with expediency in moving the case forward. Where, as here, the case proceeded to the point where it was subject to dismissal, it should be the trial court, with notice to the parties, that should make the decision concerning the fate of the case, not the clerk's office. Therefore, the order of the Appellate Division, insofar as appealed from, was reversed and plaintiffs' complaint reinstated. View "Cadichon v Facelle" on Justia Law