Westchester Medical Center v. Amoroso

Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered August 29, 2012, which, to the extent appealed from, denied defendant’s motion for an order of preclusion and summary judgment dismissing the complaint, unanimously affirmed, without costs.

In this action seeking payment for medical services provided by plaintiff hospital, defendant’s preclusion motion was properly adjudicated (see Uniform Rules for Trial Cts [22 NYCRR] § 202.8 [f]). Contrary to defendant’s argument, there is no evidence that the proper procedure for resolving the pre-preliminary conference discovery motion was…