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DIAZ v. TESSLER

Index No. 23107/13.

81 Misc.3d 752 (2023)

201 N.Y.S.3d 855

2023 NY Slip Op 23331

MINERVA DIAZ, as Executrix of the Estate of PETER PIANOFF, Deceased, Plaintiff, v. MARK TESSLER, M.D., et al., Defendants. MARK TESSLER, M.D., Third-Party Plaintiff, v. ALPINE HOME HEALTH CARE, LLC, et al., Third-Party Defendants.

Supreme Court, Bronx County.

Decided October 23, 2023.

Attorney(s) appearing for the Case

Marks, O'Neill, O'Brien, Doherty & Kelly, P.C., Tarrytown (Robert E. Fein of counsel), for Alpine Home Health Care, LLC, third-party defendant.

Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP, White Plains (Nazia Z. Zaman of counsel), for Mark Tessler, M.D., defendant/third-party plaintiff.

OPINION OF THE COURT

Motion by third-party defendant, Alpine Home Health Care, LLC (Alpine), for summary judgment (CPLR 3212) and dismissal of third-party complaint, which alleges indemnification and contribution, is granted. At the time in question, decedent was 83 years old with Parkinson's disease, coronary artery...

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