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MORGAN v. TALUSAN

61 A.D.3d 497 (2009)

875 N.Y.S.2d 893

DONOVAN MORGAN, an Infant, by His Mother and Natural Guardian, DONNA MOODY, et al., Plaintiffs, v. ELOISA B. TALUSAN, M.D., et al., Defendants. SPENCER, MASTON & McCARTHY, LLP, Appellant, v. SILBERSTEIN, AWAD & MIKLOS, P.C., Respondent.

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

Decided April 14, 2009.

Supreme Court correctly understood the prior order as merely referring the matter to Supreme Court, Nassau County, and not as denying the fee application on the merits.

Under the circumstances, we find sanctions...

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