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MONTAN v. SAINT VINCENT'S CATHOLIC MEDICAL CENTER

4177, 7944/05.

81 A.D.3d 431 (2011)

916 N.Y.S.2d 772

FRANCISCA MONTAN, Appellant, v. SAINT VINCENT'S CATHOLIC MEDICAL CENTER et al., Defendants, and ST. VINCENT'S MIDTOWN HOSPITAL et al., Respondents.

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

Decided February 3, 2011.

The motion court correctly found that the new facts presented by plaintiff are "not very different" from those previously alleged, and do not warrant a change in the prior determination (CPLR 2221 [e] [2]). Plaintiff does not allege any injury recoverable under RICO (18 USC § 1964 [c]; see Laborers Local 17 Health & Benefit Fund v Philip Morris, Inc., 191 F.3d 229, 241 [2d Cir 1999], cert denied 528 U.S. 1080...

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