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MIGNONE v. NYACK HOSP.

2021-00547 Index No. 35463/18.

212 A.D.3d 802 (2023)

181 N.Y.S.3d 646

2023 NY Slip Op 00315

Kimberly Mignone, Respondent, v. Nyack Hospital et al., Defendants, and Arup Bhadra, Appellant. (And a Third-Party Action.)

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

Decided January 25, 2023.

Attorney(s) appearing for the Case

Vouté, Lohrfink, McAndrew, Meisner & Roberts, LLP, White Plains, NY (Howard S. Jacobowitz and Matthew Bialor of counsel), for appellant.

Gersowitz Libo & Korek, P.C. (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [Brian J. Isaac and Paul H. Seidenstock], of counsel), for respondent.

Duffy, J.P., Connolly, Wooten and Taylor, JJ., concur.

In an action to recover damages for medical malpractice, the defendant Arup Bhadra appeals from an order of the Supreme Court, Rockland County (Rolf M. Thorsen, J.), dated December 23, 2020. The order denied that defendant's motion pursuant to CPLR 3211(a) to dismiss the amended complaint insofar as asserted against him.

Ordered that the order is affirmed, with costs.

On April 23, 2016, the plaintiff sustained a left tibial and fibular shaft fracture during...

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