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DUVERNOY v. CNY FERTILITY, PLLC

532992.

202 A.D.3d 1342 (2022)

162 N.Y.S.3d 547

2022 NY Slip Op 01084

Misha M. Duvernoy, Formerly Known as Misha Mugits, Appellant, v. CNY Fertility, PLLC, Respondent.

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

Decided February 17, 2022.

Attorney(s) appearing for the Case

Brennan & White, LLP, Queensbury (Joseph R. Brennan of counsel), for appellant.

Smith, Sovik, Kendrick & Sugnet, PC, Syracuse (Christopher F. DeFrancesco of counsel), for respondent.

Clark, Aarons and Reynolds Fitzgerald, JJ., concur.

In April 2015, plaintiff commenced this medical malpractice action against defendant following a fertility procedure performed in October 2012. Issue was joined in September 2015, at which time defendant served a demand for a bill of particulars, various discovery demands and a notice to depose plaintiff "on a mutually agreed upon date...

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