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HARRIS v. ROME MEM. HOSP.

414 CA 22-00831.

217 A.D.3d 1412 (2023)

190 N.Y.S.3d 754

2023 NY Slip Op 03129

Emmett Harris, Respondent, v. Rome Memorial Hospital, Appellant, et al., Defendants.

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

Decided June 9, 2023.

Attorney(s) appearing for the Case

GALE GALE & HUNT, LLC, FAYETTEVILLE (ANDREW R. BORELLI of counsel), FOR DEFENDANT-APPELLANT.

CHERUNDOLO LAW FIRM, PLLC, SYRACUSE (MARTIN P. DUFFEY of counsel), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Peradotto, Curran, Bannister and Ogden, JJ.

Appeal from an order of the Supreme Court, Oneida County (Scott J. DelConte, J.), entered May 10, 2022. The order, insofar as appealed from, denied in part the motion of defendant Rome Memorial Hospital for summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting those parts of the motion of defendant Rome Memorial Hospital seeking summary judgment dismissing the second amended complaint, as amplified by...

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