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MOREAU v. CAYTON

2019-08065. Index No. 513654/17.

203 A.D.3d 818 (2022)

160 N.Y.S.3d 893

2022 NY Slip Op 01450

Sandra Moreau, Appellant, v. Alberto L. Cayton et al., Respondents.

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

Decided March 9, 2022.

Attorney(s) appearing for the Case

Godosky & Gentile, P.C. (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [Brian J. Isaac], of counsel), for appellant.

Dopf, P.C., New York, NY (Martin B. Adams of counsel), for respondents Olubunmi O. Esan and Brooklyn Hospital Center.

Iannacci, J.P., Rivera, Maltese and Ford, JJ., concur.

Ordered that on the Court's own motion, the notice of appeal is deemed to be an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.

The Supreme Court improperly, sua sponte, directed dismissal of the complaint on the ground that the plaintiff...

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