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KENYON v. DELMAN

No. 96-CV-709 LEK RWS.

38 F.Supp.2d 107 (1998)

Eunice KENYON and Robert Kenyon, Plaintiffs, v. Abner DELMAN, M.D., Defendant.

United States District Court, N.D. New York.

December 23, 1998.

Attorney(s) appearing for the Case

Grasso, Rodriguez, Grasso & Zyra, Schenectady, NY (Lawrence J. Zyra, of counsel), for Plaintiffs.

Bouck, Holloway, Kiernan & Casey, Albany, NY (John R. Casey, of counsel), for Defendant.

MEMORANDUM-DECISION AND ORDER

KAHN, District Judge.

Plaintiffs bring this action in connection with Defendant's failure to testify at trial in support of a medical report prepared by the Defendant. Plaintiffs allege three claims: breach of contract, negligence and fraud. Originally, they brought their action in New York State Supreme Court. On May 3, 1996, Defendant removed it to federal court on the basis of diversity jurisdiction, and now moves...

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