SAGER v. ROCHESTER GEN. HOSP.


169 Misc.2d 643 (1996)

647 N.Y.S.2d 408

Kevin Sager et al., Individually and as Parents and Natural Guardians of Kelly Sager, an Infant, Plaintiffs, v. Rochester General Hospital, Defendant and Third-Party Plaintiff. Child Protective Services of the Department of Social Services of the County of Monroe et al., Third-Party Defendants.

Supreme Court, Monroe County.

August 9, 1996


Attorney(s) appearing for the Case

Nira T. Kermisch for plaintiffs. Harris, Beach & Wilcox, L. L. P. (Margaret M. Somerset of counsel), for defendant and third-party plaintiff. Charles S. Turne, County Attorney of Monroe County (John Costello of counsel), for third-party defendants.


RAYMOND E. CORNELIUS, J.

During the trial of the above-captioned action, the court had previously granted motions for judgment, pursuant to CPLR 4401. Counsel for the plaintiff now objects to a proposed written order, incorporating the court's decision, to the extent that it provides for payment of costs. The court is requested to find, pursuant to CPLR 8101, that costs would not be equitable under the circumstances...

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