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BROWN v. MONTEFIORE MEDICAL CENTER

8099. 24477/13.

168 A.D.3d 488 (2019)

92 N.Y.S.3d 217

2019 NY Slip Op 00226

Alice Brown, Appellant, v. Montefiore Medical Center et al., Respondents, et al., Defendants.

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

Decided January 15, 2019.

The court's September 28, 2015 order was predicated on the motion and cross motion by the defendants, the underlying issues of which had already been fully resolved by the parties' so-ordered stipulation, dated August 4, 2015, issued after a preliminary conference. At the time of the court's September 28th conditional preclusion order, there was no motion pending, and no request for any relief from the defendants. Given the circumstances...

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