SCANZANO v. HOROWITZ


49 A.D.3d 855 (2008)

854 N.Y.S.2d 734

BARBARA SCANZANO, Appellant, v. STUART HOROWITZ, Defendant, and ROGER KERSTEN et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 25, 2008.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and, upon reargument, so much of the order entered November 9, 2006, as denied those branches of the motion of the defendants Roger Kersten, Roger Kersten D.O., P.C., and Long Island Cardiology and Internal Medicine which were pursuant to CPLR 3211 (a) (5) to dismiss the cause of action to recover damages for wrongful death insofar as asserted against them is adhered to.

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