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Reape v. City of New York

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 22, 2009

HAROLD REAPE, APPELLANT,
v.
CITY OF NEW YORK, RESPONDENT.

In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Kurtz, J.), dated November 14, 2008, which granted the defendant's motion to permanently enjoin him from enforcing a judgment of the same court (Clemente, J.), entered February 17, 1995, upon a jury verdict, and a judgment of the same court (S. Leone, J.), entered February 16, 1999, upon a jury verdict, on the ground that the judgments were unenforceable as having been reversed on appeal.

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.

WILLIAM F. MASTRO, J.P., ARIEL E. BELEN, L. PRISCILLA HALL and LEONARD B. AUSTIN, JJ.

(Index No. 4019/86)

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly granted the defendant's motion to permanently enjoin the plaintiff from enforcing judgments entered in his favor on February 17, 1995, and February 16, 1999, respectively, which were reversed by this Court's decisions and orders in Reape v City of New York (228 AD2d 659), and Reape v City of New York (272 AD2d 533).

The plaintiff's remaining contentions are either without merit or not properly before this Court on this appeal.

MASTRO, J.P., BELEN, HALL and AUSTIN, JJ., concur.

20091222

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