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RACHIMI v. SACHER

9476, 805199/15.

172 A.D.3d 636 (2019)

99 N.Y.S.3d 619

2019 NY Slip Op 04275

Lorraine Rachimi, Respondent, v. Howard L. Sacher, D.O., Appellant, et al., Defendants.

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

Decided May 30, 2019.

The determination of the motion court was a provident exercise of discretion (see generally Gomez v New York City Hous. Auth., 217 A.D.2d 110, 114 [1st Dept 1995]). In light of the preference that matters be decided on the merits, a conditional order of preclusion was within the ambit of available remedies for the trial court...

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