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WADE v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

59 A.D.3d 528 (2009)

874 N.Y.S.2d 171

SHARITA WADE et al., Appellants, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION et al., Respondents.

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

Decided February 10, 2009.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof, in effect, granting that branch of the defendants' motion which was pursuant to CPLR 3211(a)(5) to dismiss the complaint on the ground that it was barred by the doctrine of res judicata and substituting therefor a provision denying that branch of the motion, (2) by deleting the provision thereof, in effect, granting that branch of the defendants' motion which was pursuant to CPLR 3211(a...

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