Marie Cruz v Yuman Fong M.D. and Memorial

Motion No: M-2517

Slip Opinion No: 2018 NYSlipOp 77445(U)

Decided on July 12, 2018

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

July 12, 2018

Marie Cruz,

Plaintiff-Appellant,

v

Yuman Fong, M.D., and Memorial

Sloan-Kettering Cancer Center,

Defendants-Respondents.

An appeal having been taken from the judgment of the Supreme Court, New York County, entered on or about January 25, 2018, And plaintiff's motion, originally filed as a cross motion, seeks an award of sanctions, attorney's fees, and costs, on the basis of a finding, that defendant's motion to dismiss the appeal, which was in fact, never filed with this Court, is frivolous, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that plaintiff's motion is denied.ENTERED: July 12, 2018

_____________________ CLERK

Present: Hon. Rosalyn H. Richter, Justice Presiding, Troy K. Webber Marcy L. Kahn Cynthia S. Kern Jeffrey K. Oing, Justices

M-2517

Index No. 805079/13