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BREWSTER v. NORTH SHORE/LIJ HUNTINGTON HOSP.

2021-03995, 2021-04627. Index No. 617965/18.

221 A.D.3d 648 (2023)

200 N.Y.S.3d 25

2023 NY Slip Op 05584

Reba Brewster, as Executrix of the Estate of James Citro, Deceased, Appellant, v. North Shore/LIJ Huntington Hospital, Also Known as Northwell Health, et al., Defendants, and Mark Gennaro, M.D., Respondent.

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

Decided November 8, 2023.

Attorney(s) appearing for the Case

Molod Spitz & DeSantis, P.C., New York, NY (David B. Owens of counsel), for appellant.

Fumuso, Kelly, Swart, Farrell, Polin & Christesen, LLP, Hauppauge, NY (Scott G. Christesen of counsel), for respondent.

Duffy, J.P., Brathwaite Nelson, Chambers and Warhit, JJ., concur.

In an action to recover damages for medical malpractice, the plaintiff appeals from (1) an order of the Supreme Court, Suffolk County (Joseph A. Santorelli, J.), dated May 24, 2021, and (2) a judgment of the same court entered May 28, 2021. The order, insofar as appealed from, granted the motion of the defendant Mark Gennaro, in effect, pursuant to CPLR 3211(a) (5) to dismiss the amended complaint insofar as asserted against him as time-barred and denied the plaintiff's cross...

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