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COLON v. TORRES

10019, 310450/09.

106 A.D.3d 458 (2013)

965 N.Y.S.2d 90

2013 NY Slip Op 3387

CHRISTINA COLON et al., Appellants, v. CHRISTINA TORRES, Respondent, et al., Defendant.

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

Decided May 9, 2013.

The motion court properly considered defendant Torres' supplemental submission of medical reports relative to plaintiff Christina Colon, since Torres' counsel demonstrated that the failure to annex such medical affirmations was the result of a clerical error. Moreover, the affirmations had been provided to plaintiffs, who were not prejudiced by their delayed submission to the court (see Tierney v Girardi, 86 A.D.3d 447, 448 [1st...

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