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ANTHONY v. SMINA, M.D.

6111 21215/13E.

159 A.D.3d 604 (2018)

73 N.Y.S.3d 167

2018 NY Slip Op 02138

JAMES ANTHONY, Respondent, v. MIHAI SMINA, M.D., et al., Defendants, and ST. BARNABAS HOSPITAL, Appellant.

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

Decided March 27, 2018.

The motion court correctly found that plaintiffs did not attempt to assert a new theory of liability in opposition to defendant's motion for summary judgment by submitting evidence of the acts and omissions of two nonparty physicians, Dr. Butros Bazo and Dr. Tamara Erlikh, whom they identified by name for the first time in their opposition papers (compare Atkins v Beth Abraham Health Servs., 133 A.D.3d 491 [1st Dept 2015], with...

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