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COOPER v. MT. SINAI HOSP.

2020-07314, 2020-07315. Index No. 512486/17.

208 A.D.3d 453 (2022)

172 N.Y.S.3d 487

2022 NY Slip Op 04787

Eugene Cooper, Appellant, v. Mt. Sinai Hospital, Respondent.

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

Decided August 3, 2022.

Attorney(s) appearing for the Case

Becker & D'Agostino, P.C., New York, NY (Michael D'Agostino of counsel), for appellant.

Shaub Ahmuty Citrin & Spratt, LLP, Lake Success, NY (Christopher Simone, Lena Holubnyczyj, and Nicholas Tam of counsel), for respondent.

Duffy, J.P., Iannacci, Zayas and Ford, JJ., concur.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is reversed, on the law and in the exercise of discretion, that branch of the defendant's motion which was pursuant to CPLR 3126 to dismiss the complaint for failure to comply with discovery is denied, the complaint is reinstated, and the order is modified accordingly; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

The appeal...

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