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CHERCHIO v. ALLEY

111 A.D.2d 541 (1985)

Philip Cherchio, as Parent and Natural Guardian of Lisa Cherchio, an Infant, Appellant, v. Ralph D. Alley et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 23, 1985

Per Curiam.

This medical malpractice action was commenced on April 15, 1977. Defendants answered and obtained a conditional order of preclusion requiring plaintiff to submit a bill of particulars. When plaintiff failed to comply, defendants moved for summary judgment dismissing the complaint. Plaintiff cross-moved, seeking denial of defendants' motion along with leave to serve an amended complaint which included a derivative cause of action. By order dated May 5,...

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