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BYNER v. MURRAY-TAYLOR

2018-04761. Index No. 19796/12.

208 A.D.3d 1214 (2022)

174 N.Y.S.3d 751

2022 NY Slip Op 05201

Lonnidell Byner et al., Appellants, v. Stacey Murray-Taylor et al., Respondents, et al., Defendants.

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

Decided September 21, 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 appellants.

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

Barros, J.P., Chambers, Miller and Christopher, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

In October 2012, the plaintiffs commenced this action, inter alia, to recover damages for medical malpractice in connection to the care rendered to Denise Byner (hereinafter the decedent), who went into cardiac arrest during an intubation performed on November 15, 2010. The decedent remained in a persistent vegetative state until she died on June 26, 2014. The plaintiff Lonnidell Byner (hereinafter...

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