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CIAFONE v. NEW YORK UNIVERSITY MEDICAL CENTER

35 A.D.3d 780 (2006)

828 N.Y.S.2d 149

FLORENCE CIAFONE, Appellant, v. NEW YORK UNIVERSITY MEDICAL CENTER, Respondent, et al., Defendants. (Action No. 1.) FLORENCE CIAFONE, Appellant, v. NEW YORK UNIVERSITY MEDICAL CENTER et al., Respondents. (Action No. 2.)

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

Decided December 26, 2006.

Ordered that the plaintiff's notice of appeal from so much of the order dated January 27, 2005, as granted the motions to dismiss in action No. 2, is deemed to be a premature notice of appeal from the judgment dated May 9, 2005 (see CPLR 5520 [c]); and it is further,

Ordered that the order dated January 27, 2005 is reversed insofar as appealed from, on the law and as a matter of discretion, and that branch of the motion of the defendant New York University...

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