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SUPHANKOMUT v. CHI-TEH YU

1016 CA 08-02328.

66 A.D.3d 1360 (2009)

885 N.Y.S.2d 673

2009 NY Slip Op 6915

TIMOTHY SUPHANKOMUT, as Administrator of the Estate of AMPHAN PHETDUM, Deceased, Respondent, v. CHI-TEH YU, M.D., et al., Appellants.

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

Decided October 2, 2009.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motions are granted and the note of issue and certificate of readiness are vacated, and the second ordering paragraph is vacated.

Memorandum: Supreme Court erred in denying defendants' motions seeking to vacate the note of issue and certificate of readiness. Defendants sought the relief within 20 days after service of the note of issue and certificate...

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