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DOUGHERTY v. LATORRE

190 CA 21-00243.

206 A.D.3d 1580 (2022)

167 N.Y.S.3d 892

2022 NY Slip Op 03597

Erin Dougherty, as Executor of the Estate of Thomas B. Dougherty, Deceased, Appellant, v. Julius G.S. Latorre, M.D., Defendant, and Puneet Kapur, M.D., et al., Respondents.

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

Decided June 3, 2022.

Attorney(s) appearing for the Case

ROBERT E. LAHM, PLLC, SYRACUSE (RACHEL NICOLE FRIEDMAN OF COUNSEL), FOR PLAINTIFF-APPELLANT.

LETITIA JAMES, ATTORNEY GENERAL, ALBANY (KEVIN C. HU), FOR DEFENDANT-RESPONDENT PUNEET KAPUR, M.D.

RICOTTA MATTREY CALLOCCHIA MARKET & CASSERT, BUFFALO (COLLEEN K. MATTREY OF COUNSEL), FOR DEFENDANT-RESPONDENT CARMEN M. MARTINEZ, M.D.

Present—Whalen, P.J., Smith, NeMoyer, Winslow and Bannister, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Decedent commenced this action seeking damages for, inter alia, injuries he sustained as a result of the alleged medical malpractice of defendants-respondents. Defendants-respondents each moved for summary judgment dismissing the complaint against them, and Supreme Court granted both motions. We note at the outset that decedent passed away during the pendency of...

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