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PADILLA v. LABOW

Index No. 805098/18. Appeal No. 17257. Case No. 2022-02069.

213 A.D.3d 436 (2023)

183 N.Y.S.3d 379

2023 NY Slip Op 00634

Wilfredo Padilla, Appellant-Respondent, v. Daniel Labow, M.D., et al., Defendants, Arzu Buyuk, M.D., et al., Respondents, and Mount Sinai West, Respondent-Appellant.

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

Decided February 7, 2023.

Attorney(s) appearing for the Case

Sullivan Papain Block McGrath Coffinas & Cannavo P.C., New York (Christopher J. DelliCarpini of counsel) for appellant-respondent.

McAloon & Friedman, P.C., New York (Gina Bernardi Di Folco of counsel), for respondent-appellant and respondents.

Concur— Renwick, J.P., Gesmer, Moulton, Kennedy, Mendez, JJ.

Order, Supreme Court, New York County (John J. Kelley, J.), entered May 6, 2022, which, to the extent appealed from, granted defendants Arzu Buyuk, M.D., and Mount Sinai West's (MSW) motion for summary judgment dismissing the complaint against Dr. Buyuk and the vicarious liability claims against MSW premised on Dr. Buyuk's conduct, and denied the motion as to any vicarious liability claims against MSW premised on the conduct of defendant Daniel Labow, M.D., unanimously modified...

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