SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK

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RALPH H. SPEKEN AND STEPHANIE Z. SPEKEN,
As Co-Administrators of the Estate of Seth B.SPEKEN, deceased,
and RALPH H. SPEKEN and
STEPHANIE Z. SPEKEN, Individually,

Plaintiffs,                                                                               REPLY TO

                                                                                               NOTICE OF MOTION

- against-

 

COLUMBIA PRESBYTERIAN MEDICAL CENTER
"JOHN DOE", and "JANE DOE",
(true identities unknown, being doctors, nurses, residents, interns, and
other medical or technical personnel who rendered
services to the decedent at the COLUMBIA
PRESBYTERIAN MEDICAL CENTER),

Defendants.

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RALPH H. SPEKEN, M.D. and STEPHANIE Z. SPEKEN, depose and

say the following under penalty of perjury:

1. As demonstrated below, defendantís motion to dismiss the instant

complaint upon the ground our claims therein to vacate that provision of the

parties General Release which requires our silence about our sonís death at

the hands of defendant, are barred by the doctrine of res judicata, is incorrect

(without merit). It is well settled that "res judicata embraces not only

matters which are actually litigated before a court, but also those relevant

issues which could have been litigated". Boorman v. Deutsch,

152 A.D.2d 48, 547 N.Y.S.2d 18 (1st Depít 1989), appeal dismissed,

76 N.Y.2d 889, 561 N.Y.S.2d 550 (1990).

2. Here, however, plaintiffís pro se Summons and Complaint

seeks to

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