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KRET v. GERGELY

47 N.Y.2d 990 (1979)

Jordan Kret, an Infant, by his Father and Natural Guardian, Arthur Kret, et al., Respondents, v. Klara Gergely et al., Defendants, and Brookdale Hospital Medical Center, Appellant.

Court of Appeals of the State of New York.

Decided July 9, 1979.

Attorney(s) appearing for the Case

Frank J. Amabile for appellant.

Peter Overzat, Charles Kramer and Daniel Kramer for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur; Judge FUCHSBERG taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, on the reasoning of the memorandum at the Appellate Division, to which we add only that to permit a discontinuance without prejudice to be converted into one with prejudice, even after a fact-finding hearing, imports an element of motivation into the infant compromise procedure not contemplated by CPLR 1207 and 1208. Whether the original discontinuance...

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