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KINGSTON v. BROOKLYN HOSPITAL CENTER

278 A.D.2d 283 (2000)

717 N.Y.S.2d 323

CELESTE KINGSTON, Appellant, v. BROOKLYN HOSPITAL CENTER et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 11, 2000.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The plaintiff's prior action, based on the same transaction as that upon which the present action is based, was dismissed on April 9, 1998, under circumstances evincing a neglect to prosecute (see, Keel v Parke, Davis & Co., 72 A.D.2d 546, affd 50 N.Y.2d 833...

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