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BRAXTON v. ERIE COUNTY MED. CTR. CORP.

548 CA 21-00802.

208 A.D.3d 1043 (2022)

171 N.Y.S.3d 396

2022 NY Slip Op 04869

John M. Braxton, as Administrator of the Estate of Sheila M. Braxton, Deceased, Appellant, v. Erie County Medical Center Corporation, Respondent, et al., Defendants. (Appeal No. 4.)

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

Decided August 4, 2022.

Attorney(s) appearing for the Case

LAW OFFICE OF J. MICHAEL HAYES, BUFFALO (J. MICHAEL HAYES OF COUNSEL), FOR PLAINTIFF-APPELLANT.

RICOTTA MATTREY CALLOCCHIA MARKEL & CASSERT, BUFFALO (BRYAN J. DANIELS OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Peradotto, J.P., Lindley, NeMoyer, Curran and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion of defendant Erie County Medical Center Corporation is denied, and the amended complaint and cross claims against that defendant are reinstated.

Same memorandum as in Braxton v Erie County Med. Ctr. Corp. ([appeal No. 1] 208 A.D.3d 1038 [4th...

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