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TABORSKY, JR. v. MERCY MEDICAL CENTER

304 A.D.2d 559 (2003)

756 N.Y.S.2d 899

GEORGE E. TABORSKY, JR., Appellant, v. MERCY MEDICAL CENTER et al., Defendants, and CLAUDE ANTOINE et al., Respondents.

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

Decided April 7, 2003.

Ordered that the appeal from the order dated August 12, 2002, is dismissed, as no appeal lies from an order denying reargument; and it is further,

Ordered that the order entered March 16, 2001, is affirmed; and it is further,

Ordered that the respondents are awarded one bill of costs.

The Supreme Court providently exercised its discretion in vacating the respondents' default, upon its finding that they demonstrated a meritorious defense and never received...

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