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, REPLY TO
NOTICE OF MOTION
- against-
COLUMBIA PRESBYTERIAN MEDICAL CENTER
"JOHN DOE", and "JANE DOE",
(true identities unknown, being doctors, nurses, residents, interns, and
other medical or technical personnel who rendered
services to the decedent at the COLUMBIA
PRESBYTERIAN MEDICAL CENTER),
Defendants.
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RALPH H. SPEKEN, M.D. and STEPHANIE Z. SPEKEN, depose and
say the following under penalty of perjury:
1. As demonstrated below, defendant’s motion to dismiss the instant
complaint upon the ground our claims therein to vacate that provision of the
parties General Release which requires our silence about our son’s death at
the hands of defendant, are barred by the doctrine of res judicata, is incorrect
(without merit). It is well settled that "res judicata embraces not only
matters which are actually litigated before a court, but also those relevant
issues which could have been litigated". Boorman v. Deutsch,
152 A.D.2d 48, 547 N.Y.S.2d 18 (1st Dep’t 1989), appeal dismissed,
76 N.Y.2d 889, 561 N.Y.S.2d 550 (1990).
2. Here, however, plaintiff’s pro se Summons and Complaint
seeks to