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,

__________________________

- against-

 

COLUMBIA PRESBYTERIAN MEDICAL CENTER

 

Defendants.

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LAURA R. SHAPIRO, under penalty of perjury, affirms as follows:

1. I am admitted to practice before the Courts of this State and am a member

of the firm of McAloon & Friedman, P.C., attorneys for Defendant New

York-Presbyterian Hospital s/h/a Columbia Presbyterian Medical Center

("defendant"). I submit this affirmation in support of defendant’s

motion for an order pursuant to CPLR 3211 (a)(4) & (5) dismissing this

action in its entirety.

FACTS

2. Plaintiff’s commenced an action against defendant in 1994 to recover for

alleged medical malpractice they claim resulted in the death of their adult son

Exhibits A and B hereto are copies of the summons and complaint, and answer, in

that action, respectively.

3. That action was settled on July 8, 1999, on the eve of the trial which

settlement is embodied in a Release executed by both plaintiffs (ex. C). The

settlement was also placed on the record before Justice Heitler of this Court on

that date (ex. D).

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