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HIRT v. WEISS

258 A.D.2d 505 (1999)

683 N.Y.S.2d 881

CLYDE HIRT, Individually and as Executor of HARRIET HIRT, Deceased, Respondent, v. JEROME WEISS et al., Defendants, and NORTH SHORE UNIVERSITY HOSPITAL AT PLAINVIEW, Appellant.

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

Decided February 8, 1999.

Ordered that the order is affirmed, with costs.

The nature and degree of the penalty to be imposed pursuant to CPLR 3126 is a matter of discretion. The Supreme Court did not improvidently exercise its discretion in denying the appellant's cross motion (cf., Kubacka v Town of N. Hempstead, 240 A.D.2d 374).

The appellant's remaining contentions are...

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