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,

-against-

COLUMBIA PRESBYTERIAN MEDICAL CENTER,

Defendant.

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PRESENT: EILEEN BRANSTEN, J.


     Defendant Columbia Presbyterian Medical Center ("Columbia Presbyterian") moves for an order pursuant to CPLR 321 1(a)(4) and (5) dismissing the action brought by Ralph H. Speken, MD and Stephanie Z. Speken, MS ("the Spekens"), as Co-Administrators of the Estate of Seth B. Speken ("the deceased") and by the Spekens individually (collectively, "plaintiffs").

     In 1994, after the death of their adult son, plaintiffs commenced a medical malpractice action against Columbia Presbyterian. On July 8, 1999--the eve of trial--the parties settled the action. The terms of the settlement agreement were incorporated into a three-page "Release," which provided, among other things, that the Spekens were to receive $500,000. Pursuant to the settlement agreement, the Spekens agreed to "immediately and permanently expunge their website," which dealt extensively with their sonís death and was
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