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IMPERATO v. MOUNT SINAI MEDICAL CENTER

No. 63 SSM 45.

18 N.Y.3d 871 (2012)

962 N.E.2d 278

938 N.Y.S.2d 853

2012 NY Slip Op 107

MARYANN IMPERATO et al., Respondents, v. MOUNT SINAI MEDICAL CENTER et al., Appellants.

Court of Appeals of New York.

Decided January 12, 2012.

Attorney(s) appearing for the Case

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York City ( Richard E. Lerner of counsel), for appellants.

Arnold E. DiJoseph, P.C., New York City ( Arnold E. DiJoseph, III, of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. The certified question should be answered by stating that the preclusion order was properly vacated.

Under the circumstances of this case, the Appellate Division correctly determined that plaintiffs demonstrated the existence of a meritorious claim for purposes of avoiding preclusion. Specifically, the expert witness disclosure submitted by plaintiffs...

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