HARBINGER v. KATO

761 CA 23-00280.

221 A.D.3d 1510 (2023)

199 N.Y.S.3d 775

2023 NY Slip Op 05854

Robin Harbinger et al., Respondents, v. Hiroshi Kato, M.D., Appellant, et al., Defendants.

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

Decided November 17, 2023.


Attorney(s) appearing for the Case

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

ROBERT F. JULIAN, P.C., UTICA (ROBERT F. JULIAN OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Present—Whalen, P.J., Curran, Bannister, Ogden and DelConte, JJ.


Appeal from an order of the Supreme Court, Onondaga County (Robert E. Antonacci, II, J.), entered February 6, 2023. The order, among other things, denied the motion of defendant Hiroshi Kato, M.D. for summary judgment dismissing plaintiffs' complaint and any cross-claims against him.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this medical malpractice action alleging, inter alia...

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