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FISHBEIN v. BOOTH MEM'L HOSP.

249 A.D.2d 440 (1998)

671 N.Y.S.2d 321

Marsha Fishbein, Respondent, v. Booth Memorial Hospital et al., Appellants

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

April 20, 1998

Ordered that the order is affirmed, with one bill of costs payable by the appellants appearing separately and filing separate briefs.

Under the circumstances of this case, the Supreme Court did not improvidently exercise its discretion in denying the defendants' respective cross motions to dismiss the complaint and in permitting the plaintiff to restore the case to the trial calendar (see, Michael I. Wintraub,...

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