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APPLEBY v. SUGGS

2, 13400/07

135 A.D.3d 623 (2016)

23 N.Y.S.3d 235

2016 NY Slip Op 00455

FRANCESCA APPLEBY et al., Respondents, v. WILLIAM DUFFY SUGGS, M.D., et al., Appellants, et al., Defendant.

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

Decided January 26, 2016.

The motion court providently exercised its discretion in granting plaintiffs' motion and denying defendants' cross motion, despite plaintiffs' delay in moving for substitution (see Hedaya v Hedaya, 160 A.D.2d 625, 626 [1st Dept 1990]). Defendants do not dispute that plaintiffs, before moving for substitution, attempted to resolve the issue with defendants, with the motion court's continued knowledge. Defendants' bare allegation of...

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