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DIAZ v. NEW YORK DOWNTOWN HOSPITAL

262 A.D.2d 62 (1999)

691 N.Y.S.2d 467

EVA DIAZ, Respondent, v. NEW YORK DOWNTOWN HOSPITAL, Defendant, and PROGRESSIVE HOME HEALTH SERVICES, INC., et al., Appellants.

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

Decided June 8, 1999.

Plaintiff's motion to renew was properly granted upon an adequate showing that her failure to submit an affidavit of merit in support of the first motion was inadvertent, and in the absence of any showing by defendants of prejudice attributable to the short delay caused by such failure (see, Pinto v Pinto, 120 A.D.2d 337, 338; Torrado v Lutheran Med. Ctr., 170 A.D.2d 666). Upon renewal,...

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