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KISIELEWSKA v. CITY OF NEW YORK

Index No. 805657/15. Appeal No. 17008. Case No. 2021-03963.

211 A.D.3d 637 (2022)

179 N.Y.S.3d 563

2022 NY Slip Op 07502

Maria Kisielewska, Appellant, v. City of New York, Defendant, and New York City Health and Hospitals Corporation, Respondent.

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

Decided December 29, 2022.

Attorney(s) appearing for the Case

Robert J. Epstein, New York, for appellant.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Jeremy Pepper of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Oing, Singh, Moulton, Mendez, JJ.

Order, Supreme Court, New York County (George J. Silver, J.), entered September 22, 2021, which granted defendant New York City Health and Hospitals Corporation's motion to strike the new theory of liability as related to a second surgery contained in plaintiff's supplemental bill of particulars, unanimously affirmed, without costs.

The court correctly struck from plaintiff's supplemental bill of particulars the medical malpractice claim that was based on defendant...

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