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LOPEZ v. NEW YORK CITY TRANSIT AUTHORITY

5339, 109978/09.

85 A.D.3d 543 (2011)

925 N.Y.S.2d 84

2011 NY Slip Op 5182

PEDRO LOPEZ, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided June 16, 2011.

Supreme Court providently exercised its discretion in denying the motion. Plaintiff demonstrated a good faith effort to comply with the preliminary conference order. Indeed, in opposition to defendant's motion, plaintiff provided several authorizations for the release of medical records (compare Matter of Benson Realty Corp. v Walsh, 54 A.D.2d 881, 883 [1976], appeal dismissed

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