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COLON v. NEW YORK CITY HEALTH & HOSPS. CORP.

166 A.D.2d 291 (1990)

Chanel Colon, an Infant, by Her Parent and Natural Guardian, Diane Chow, et al., Appellants, v. New York City Health and Hospitals Corporation, Respondent, et al., Defendant

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

October 18, 1990

The prior order dismissing plaintiff's complaint alleging medical malpractice was tantamount to an order of preclusion for plaintiff's failure to comply with various discovery demands or to file a certificate of merit. That this was the court's intent is evident from the transcript and the underlying decision. Accordingly, the dismissal was on the merits and the IAS court properly dismissed the re-served complaint on the ground...

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