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SMITH v. WATKINS

2534, 305814/08.

145 A.D.3d 596 (2016)

2016 NY Slip Op 08604

42 N.Y.S.3d 797

DESIREE SMITH, as Administratix of the Goods, Chattels and Credits of CONNIE HOBSON, Deceased, Appellant, v. FRANK WATKINS, M.D., et al., Defendants, and ST. BARNABAS HOSPITAL, Respondent.

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

Decided December 22, 2016.

The motion court providently exercised its discretion in denying plaintiff's request for an adjournment to permit her to provide a supplemental expert affirmation after St. Barnabas provided three pages from its expert's affirmation that had been inadvertently omitted. The omitted pages were largely repetitive of the remainder of the affirmation, and the substance of those pages was recounted in the motion papers.

Plaintiff...

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