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SPEKEN M.D. v. MOORE, ESQ.

6 A.D.3d 198 (2004)

773 N.Y.S.2d 880

RALPH H. SPEKEN, M.D., et al., Appellants, v. THOMAS R. MOORE, ESQ., Respondent.

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

April 6, 2004.

The underlying action was for wrongful death based on medical malpractice, and was settled just before trial. Two attempts by plaintiff to vacate the settlement were denied, the second on the ground that it was precluded by the denial of the first (Speken v Columbia Presbyt. Med. Ctr., 278 A.D.2d 154 [2000]; Speken v Columbia Presbyt. Med. Ctr., 304 A.D.2d 489 [2003], lv denied 100...

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