In Shapiro v. Kurtzman , the Rockland County Supreme Court dismissed a case brought against Deborah Shapiro Kurtzman -- in July of 2004 -- after Milton B. Shapiro failed to respond to discovery.
A little over a year later, when his attorney was diagnosed with Alzheimer's, Milton reinstated his complaint against Kurtzman claiming that his attorney didn't "properly represent him."
After considering an expert's affidavit which provided that in the earliest stages of Alzheimer's "there are noticeable deficits in demanding job situations," the Rockland County Supreme Court concluded that counsel's "mental illness" rendered the lawsuit's dismissal inappropriate. However, it imposed a $10,000 sanction against Milton and directed he answer all "outstanding interrogatories within 60 days."
On appeal, the Appellate Division, Second Department, agreed the attorney's incapacity vitiated any deliberateness and concurred with the lawsuit's reinstatement and conditions imposed.
Sorry ... but we forgot the point of this post.
To download a copy of the Appellate Division's decision, please use this link: Shapiro v. Kurtzman