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LUPPINO v. O'BRIEN

59 A.D.3d 991 (2009)

873 N.Y.S.2d 811

JAMES LUPPINO, as Successor Administrator of the Estate of MARIA V. LUPPINO, Deceased, Respondent, v. WILLIAM E. O'BRIEN, M.D., et al., Defendants, and CATHOLIC HEALTH SYSTEM, Doing Business as KENMORE MERCY HOSPITAL, Appellant. (Appeal No. 1.)

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

Decided February 6, 2009.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In appeal No. 1, defendant Catholic Health System, doing business as Kenmore Mercy Hospital (KMH), appeals from an order that, inter alia, granted that part of plaintiff's motion to compel the production of four documents referenced in the contract between KMH and Elder Medical Services, P.C. (contract) and denied that part of KMH's cross

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