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DYER v. SUS FOUNDATION, INC.

Index No. 156697/15. Appeal No. 55. Case No. 2021-03887.

215 A.D.3d 485 (2023)

185 N.Y.S.3d 777

2023 NY Slip Op 01954

Paulette Dyer, as Administratrix of the Estate of William Canon, Deceased, Respondent, v. SUS Foundation, Inc., Defendant, and Interfaith Medical Center, Appellant.

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

Decided April 18, 2023.

Attorney(s) appearing for the Case

Vigorito, Barker, Patterson, Nichols & Porter, LLP, Garden City (Adonaid C. Medina of counsel), for appellant.

Hach & Rose, LLP, New York (Evan Bane of counsel), for respondent.

Concur—Webber, J.P., Friedman, Singh, Scarpulla, Rodriguez, JJ.

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered August 5, 2021, which granted plaintiff Paulette Dyer's motion, as Administrator of the Estate of William Canon, a/k/a William Cannon, to restore the action to the active calendar, extended plaintiff's time to file the note of issue and compel depositions, unanimously affirmed, without costs.

The motion court providently exercised its discretion in granting plaintiff's motion. Although plaintiff...

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