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MATTER OF AL SAUD v. NEW YORK & PRESBYT. HOSP.

Index No. 155151/17. Appeal No. 13706. Case No. 2020-03150.

193 A.D.3d 627 (2021)

143 N.Y.S.3d 190

2021 NY Slip Op 02588

In the Matter of Talal Bin Sultan Bin Abdul-Aziz Al Saud, Respondent, v. The New York and Presbyterian Hospital, Appellant.

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

Decided April 29, 2021.

Attorney(s) appearing for the Case

Heidell, Pittoni, Murphy & Bach, LLP, New York ( Daniel S. Ratner of counsel), for appellant.

Hughes Hubbard & Reed LLP, New York ( Hannah Miller of counsel), for respondent.

Concur—Kapnick, J.P., Moulton, Scarpulla, Mendez, JJ.

The motion court providently ordered production of certain materials for genetic testing for an action pending in Lebanon (see Matter of Ayliffe & Cos., 166 A.D.2d 223 [1st Dept 1990], lv denied 76 N.Y.2d 714 [1990]). Although the foreign action was dismissed on procedural grounds, petitioner submitted uncontested evidence that under Lebanese law, an action is considered pending until after all appeals are exhausted, and...

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