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HERLICA v. PATEL

532755.

217 A.D.3d 1188 (2023)

191 N.Y.S.3d 546

2023 NY Slip Op 03377

Debra Herlica, as Executor of the Estate of Teofil Herlica, Appellant, v. Sanjiv Patel et al., Respondents.

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

Decided June 22, 2023.

Attorney(s) appearing for the Case

DeFrancisco & Falgiatano LLP, East Syracuse (Jean Marie Westlake of counsel), for appellant.

Hinman Howard & Kattell, LLP, Binghamton (James S. Gleason of counsel), for Sanjiv Patel and others, respondents.

Aswad & Ingraham, LLP, Binghamton (Mary E. Saitta of counsel), for James Kessler, respondent.

Garry, P.J., Pritzker, Ceresia and Fisher, JJ., concur.

Appeal from an order of the Supreme Court (Oliver N. Blaise III, J.) entered November 10, 2020, in Broome County, which granted defendants' motions for summary judgment dismissing the complaint.

In December 2015, plaintiff's father (hereinafter decedent) presented to defendant Lourdes Hospital with various complaints, including...

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