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WOOD v. MONTEFIORE MED. CTR.

160 A.D.2d 487 (1990)

Joseph Wood, Appellant, v. Montefiore Medical Center et al., Respondents

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

April 19, 1990

Under the circumstances, the trial court did not abuse its discretion in denying a continuance, declaring a mistrial, and marking the action off calendar (Matter of Anthony M., 63 N.Y.2d 270, 283-284). However, in view of the trial court's determination that a dismissal is not warranted, with which we agree, and in view of the request for "such * * * relief as * * * may [be] just and proper" in plaintiff's cross motion, we believe...

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