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REDMOND v. JAMAICA HOSP. MED. CTR.

62 A.D.3d 854 (2009)

878 N.Y.S.2d 624

ANGEL NICOLE REDMOND, Appellant, v. JAMAICA HOSPITAL MEDICAL CENTER, Defendant, and KENNETH FRETWELL et al., Respondents.

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

Decided May 19, 2009.

Ordered that the order entered September 16, 2008 is reversed, on the law and in the exercise of discretion, without costs or disbursements, and the motion to vacate the order dated April 10, 2008, is granted.

The record does not demonstrate that the plaintiff's counsel willfully and contumaciously obstructed the progress of disclosure with respect to the examinations before trial of the defendants Kenneth Fretwell and Jeffrey...

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