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SCALCIONE v. WINTHROP UNIV. HOSP.

2007-01635.

2008 NY Slip Op 06366

VINCENT SCALCIONE, ET AL., appellants, v. WINTHROP UNIVERSITY HOSPITAL, ET AL., defendants, WILLIAM SCOTT, ET AL., respondents.

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

Decided July 22, 2008.

Attorney(s) appearing for the Case

O'Connor, O'Connor, Hintz & Deveney, LLP, Melville, N.Y. (Eileen M. Baumgartner of counsel), for appellants.

Kaufman Borgeest & Ryan, LLP, Valhalla, N.Y. (Jacqueline Mandell and Dennis J. Dozis of counsel), for respondents.

Before: WILLIAM F. MASTRO, J.P., JOSEPH COVELLO, THOMAS A. DICKERSON, RANDALL T. ENG, JJ.

DECISION & ORDER

ORDERED that the judgment is reversed, on the law, with costs, the motion of the defendants William Scott and Winthrop Cardiovascular & Thoracic Surgery, P.C., for summary judgment dismissing the amended complaint insofar as asserted against them is denied, the amended complaint is reinstated as against those defendants, and the order dated October 23, 2006, is modified accordingly.

Initially, we note that the plaintiffs previously...

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