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BALTZER v. WESTCHESTER MED. CTR.

2020-04119. Index No. 65456/19.

209 A.D.3d 815 (2022)

176 N.Y.S.3d 153

2022 NY Slip Op 05826

Jonathan Baltzer, Respondent, v. Westchester Medical Center, Appellant, et al., Defendant.

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

Decided October 19, 2022.

Attorney(s) appearing for the Case

Wilson, Bave, Conboy, Cozza & Couzens, P.C., White Plains, NY (William H. Bave, Jr., and Joel Hirschfeld of counsel), for appellant.

Shoshana T. Bookson (Pollack, Pollack, Isaac & DeCicco, New York, NY [Brian J. Isaac and Christopher J. Soverow], of counsel), for respondent.

LaSalle, P.J., Miller, Genovesi and Wan, JJ., concur.

In an action to recover damages for medical malpractice, the defendant Westchester Medical Center appeals from an order of the Supreme Court, Westchester County (Charles D. Wood, J.), dated April 24, 2020. The order, insofar as appealed from, denied that branch of that defendant's motion which was pursuant to CPLR 3211(a)(5) to dismiss the causes of action based on treatment rendered during the plaintiff's admission to the defendant Westchester Medical Center between January...

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