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ARSHIL C. v. MEIKE

Index No. 350040/16. Appeal No. 12395N. Case No. 2020-00049.

188 A.D.3d 519 (2020)

132 N.Y.S.3d 624

2020 NY Slip Op 06701

Arshil C. and Another, Infants, by their Mother and Natural Guardian, Sanchita C., Respondents, v. Merle E. Meike, Defendant, and Peter Simon, Appellant.

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

Decided November 17, 2020.

The motion court providently exercised its discretion in granting reargument to consider the fact that plaintiffs' school-mandated activities conflicted with the scheduled medical examinations (CPLR 2221[d]; see e.g. Sheridan v Very, Ltd., 56 A.D.3d 305 [1st Dept 2008]), and in conditionally reinstating the complaint. While plaintiffs missed several examinations, the record does not show that their noncompliance with the court's...

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