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IN THE MATTER OF MOORMAN v. MEADOW PARK REHABILITATION AND HEALTH CARE CENTER, LLC

57 A.D.3d 788 (2008)

868 N.Y.S.2d 893

In the Matter of WALTER MOORMAN, Appellant, v. MEADOW PARK REHABILITATION AND HEALTH CARE CENTER, LLC, Respondent.

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

December 16, 2008.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court did not improvidently exercise its discretion in denying the petitioner's application to remove the action from the Civil Court of the City of New York to the Supreme Court, Queens County (see CPLR 325 [b]). The application was based upon the premise that the petitioner intended to assert a counterclaim seeking damages in excess...

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