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YU YUN DONG v. RUIZ

Docket No. 109135/2009, Motion Seq. No. 002.

2011 NY Slip Op 31590(U)

YU YUN DONG, as mother and natural guardian of DANNY CHEN, an infant, Plaintiff, v. REGINALD RUIZ, M.D., DANIEL CLEMENT, M.D., DANIEL ROSHAN, M.D., MARY MARRON-CORWIN, WALTER VON PECHMAN, M.D., EILEEN CASSIDY, M.D., ALEXANDER MAATVEEVSKI, M.D., RICHELLE GASKIN, M.D., TINA LUNG, M.D., BETSY ARNALD, LEAHY, C.N.M., and ST. VINCENT'S CATHOLIC MEDICAL CENTERS, Defendants.

Supreme Court, New York County.

June 10, 2011.

ALICE SCHLESINGER, Judge.

Defendant Saint Vincent Catholic Medical Centers of New York (St. Vincent's) has moved to dismiss this medical malpractice action as against it pursuant to CPLR §3211 (a)(5) and (7) on the ground that plaintiffs claims are barred due to discharge in bankruptcy. Plaintiff vigorously opposes, asserting that the claims were properly preserved pursuant to a Stipulation and Order dated February 16, 2011 and approved by United States Bankruptcy...

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