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Tung v. Chiu

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


September 24, 2009

MAUHOI TUNG, PLAINTIFF-APPELLANT,
v.
HENRY CHIU D.D.S., DOING BUSINESS AS MOTT STREET DENTAL SERVICES P.C., DEFENDANT-RESPONDENT.

Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered June 10, 2008, which, to the extent appealed, denied plaintiff's motion to vacate an order, same court and Justice, entered August 23, 2004, which had transferred this action to Civil Court pursuant to CPLR 325(d), unanimously affirmed, without costs.

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

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Sweeny, McGuire, DeGrasse, Freedman, JJ.

119616/03

Plaintiff advances no ground for vacating the 2004 transfer order (see CPLR 5015[a]). Furthermore, subsequent to the transfer order, which plaintiff apparently never appealed, defendant was granted summary judgment dismissing the complaint in this action (10 Misc 3d 142[A] [2006], lv denied 2006 NY Slip Op 71966[U] [July 13, 2006], lv dismissed 7 NY3d 861 [2006], cert denied __ US __, 128 S Ct 159 [2007]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090924

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