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SPRATT v. ROCHELSON

164 Misc.2d 535 (1994)

625 N.Y.S.2d 827

Nicholas Spratt, an Infant, by His Mother and Natural Guardian, Rosemary Spratt, Plaintiff, v. Burton Rochelson et al., Defendants.

Supreme Court, Suffolk County.

December 22, 1994

Attorney(s) appearing for the Case

Wilson, Elser, Moskowitz, Edelman & Dicker, New York City (Richard E. Lerner of counsel), for defendants. Pegalis & Wachsman, Great Neck (Stephen E. Pegalis of counsel), for plaintiff.

ROBERT W. DOYLE, J.

Motion by defendant, Burton Rochelson, M.D., pursuant to CPLR 3101 (d) (1) (i) is granted and the cross motion of plaintiff Rosemary Spratt for an order of preclusion is determined as follows:

This is an action to recover damages for personal injuries sustained by plaintiff Nicholas Spratt, an infant, by his mother and natural guardian, Rosemary Spratt, as a consequence of the alleged...

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