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KITENBERG v. GULMATICO, M.D.

2014-04577, Index No. 35335/06.

143 A.D.3d 947 (2016)

2016 NY Slip Op 07004

40 N.Y.S.3d 459

ALEKSANDR KITENBERG, as Administrator of the Estate of DMITRY KITENBERG, Deceased, Appellant, v. CONSTANTINO GULMATICO, M.D., Respondent.

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

Decided October 26, 2016.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting that branch of the defendant's motion which was pursuant to CPLR 4404 (a) to direct that judgment be entered in favor of the defendant and substituting therefor a provision denying that branch of the motion, and (2) adding thereto a provision granting that branch of the defendant's motion which was for a new trial; as so modified, the...

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