Benjamin v. Montefiore Medical Center et al.

Appellate Decision


Injured plaintiff with alleged nerve damage following bariatric surgery moved to restore her case to the trial calendar. Representing two of the defendants, a laparoscopic surgeon and a major metropolitan hospital, Mr. Klonsky opposed plaintiff’s motion to restore, arguing that plaintiff's action should be dismissed as abandoned because she failed to meet the necessary requirements for restoration.

The Hon. Howard Silver agreed with Mr. Klonsky’s arguments, denied plaintiff’s motion to restore, and dismissed plaintiff's action as abandoned.

After the plaintiff appealed to the Appellate Division of the Supreme Court of the State of New York, Mr. Klonsky prepared the necessary respondent brief further arguing that Justice Silver's prior decision and order must be upheld.

After oral argument before the Appellate Division First Department, Justices Gonzalez, Saxe, Nardelli, Richter and Roman unanimously agreed with the arguments raised by Mr. Klonsky, and affirmed the prior order dismissing the case in its entirety.

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Reference Info:Decision | State, 2nd Circuit, New York | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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