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MATTER OF SPIEGEL v. KEMPNER

2440N, 114420/11.

145 A.D.3d 505 (2016)

2016 NY Slip Op 08316

43 N.Y.S.3d 306

In the Matter of MARIANNE SPIEGEL, Appellant, v. CARL KEMPNER, Respondent, et al., Defendants.

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

Decided December 8, 2016.

This is plaintiff's second motion to remove the action from Civil Court to Supreme Court. Her first was denied in January 2012, on the ground that she had not made a sufficient showing on the merits of her case to warrant the relief requested. On this second motion, plaintiff again failed to show that there was "some reasonable basis" for her claim for increased damages or indeed that the damages can be attributed to negligence...

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