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GREENBERG v. MONTEFIORE

Index No. 20340/19E. Appeal No. 15299. Case Nos. 2021-01438, 2021-01446.

205 A.D.3d 47 (2022)

164 N.Y.S.3d 615

2022 NY Slip Op 02194

Elaine GREENBERG, As Executor of the Estate of Gerald Greenberg, Deceased, Plaintiff-Appellant, v. MONTEFIORE NEW ROCHELLE HOSPITAL, et al., Defendants-Respondents.

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

Decided March 31, 2022.

Attorney(s) appearing for the Case

Lazar Grunsfeld Elnadav, LLP, Brooklyn (Gerald Grunsfeld of counsel), for appellant.

Aaronson Rappaport Feinstein & Deutsch, LLP, New York City (Elliott J. Zucker of counsel), for respondents.

Rickner PLLC, New York City (Rob Rickner of counsel), for amici curiae.

OPINION OF THE COURT

On a motion to dismiss for failure to state a cause of action pursuant to CPLR 3211(a)(7), courts treat the allegations in the complaint as true (Leon v Martinez, 84 N.Y.2d 83, 87 [1994]). The relevant facts alleged in the complaint are as follows. On December 21...

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