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HARPER v. JAMAICA HOSP.

239 A.D.2d 388 (1997)

658 N.Y.S.2d 883

Susan Harper, Respondent, v. Jamaica Hospital, Respondent, Abraham Appleton, Appellant, et al., Defendants

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

May 12, 1997

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Queens County, for the purpose of establishing an expeditious discovery schedule.

The determination of a motion pursuant to CPLR 3217 (b) for a voluntary discontinuance of an action is a matter addressed to the sound discretion of the court (see, Tucker v Tucker, 55 N.Y.2d 378

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