MORTON v. BROOKHAVEN MEMORIAL HOSPITAL


308 A.D.2d 566 (2003)

764 N.Y.S.2d 720

VIRGINIA MORTON et al., Appellants, v. BROOKHAVEN MEMORIAL HOSPITAL, Also Known as BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, et al., Respondents.

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

Decided September 29, 2003.


Ordered that the orders are affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The plaintiffs maintain that the Supreme Court erred in appointing a private attorney as a special referee in contravention of CPLR 3104 (b). In light of the fact that the plaintiffs failed to raise this issue until after the special referee's report was written and further discovery had concluded, the plaintiffs have waived their...

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