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DERBY v. BITAN

38 Misc.3d 516 (2012)

954 N.Y.S.2d 444

2012 NY Slip Op 22342

COLLEEN DERBY, Plaintiff, v. FABIAN BITAN, Defendant.

Supreme Court, Dutchess County.

Decided November 28, 2012.

Attorney(s) appearing for the Case

Aaronson, Rappaport, Feinstein & Deutsch, LLP, New York City ( Elliott J. Zucker of counsel), for defendant. Family Advocates, Inc., Kingston ( Rosa Lee Charpentier of counsel), for plaintiff.

OPINION OF THE COURT

JAMES D. PAGONES, J.

Defendant Dr. Fabian Bitan moves pursuant to CPLR 2221 for renewal of his summary judgment motion for good cause shown, and upon renewal, for an order pursuant to CPLR 3212 dismissing the plaintiff's complaint with prejudice. The plaintiff opposes the defendant's motion.

The defendant's motion for summary judgment was granted by this court on the merits pursuant...

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