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NOVAK v. SISTERS OF THE HEART OF MARY

2021-08710. Index. No. 515756/20.

210 A.D.3d 1104 (2022)

180 N.Y.S.3d 187

2022 NY Slip Op 06814

William Novak, Appellant, v. Sisters of the Heart of Mary, Respondent.

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

Decided November 30, 2022.

Attorney(s) appearing for the Case

Pfau Cochran Vertetis Amala, PLLC, New York, NY (Anelga Doumanian of counsel), for appellant.

Eckert Seamans Cherin & Mellott, LLC, White Plains, NY (Michael O'Brien, pro hac vice, and Nicholas M. Guance of counsel), for respondent.

Barros, J.P., Maltese, Zayas and Wan, JJ., concur.

In an action to recover damages for negligence and intentional infliction of emotional distress, the plaintiff appeals from an order of the Supreme Court, Kings County (George J. Silver, J.), dated September 20, 2021. The order granted the defendant's motion pursuant to CPLR 3211(a)(7) to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion pursuant to CPLR 3211(a)(7) to dismiss the complaint is denied.

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