BARBUTO v. WINTHROP UNIVERSITY HOSPITAL


305 A.D.2d 623 (2003)

760 N.Y.S.2d 199

ANDREA BARBUTO, Respondent, v. WINTHROP UNIVERSITY HOSPITAL et al., Defendants, and ROBERT KLEIN et al., Appellants.

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

Decided May 27, 2003.


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellants' contention, the Supreme Court providently exercised its discretion in granting the plaintiff leave to renew their prior motion for summary judgment dismissing the complaint insofar as asserted against them. Although the supplemental affirmation of the plaintiff's expert adduced upon renewal was not based upon new facts, the court had the discretion to grant leave to...

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