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CIOTI v. BYRD

2022-05868 Index No. 51628/20.

222 A.D.3d 614 (2023)

199 N.Y.S.3d 219

2023 NY Slip Op 06234

Danielle Cioti, Individually and as Administratrix for the Estate Elizabeth Belcher, Deceased, Respondent, v. Denise Byrd, N.P., et al., Defendants. Bernard Bernhardt, M.D., Nonparty Appellant.

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

Decided December 6, 2023.

Attorney(s) appearing for the Case

Aaronson Rappaport Feinstein & Deutsch, LLP, New York, NY (Elliott J. Zucker of counsel), for nonparty-appellant.

Buzin Law, P.C., Purchase, NY (Andrew S. Buzin of counsel), for respondent.

Dillon, J.P., Iannacci, Maltese and Wan, JJ., concur.

In an action, inter alia, to recover damages for medical malpractice and wrongful death, nonparty Bernard Bernhardt appeals from an order of the Supreme Court, Westchester County (William J. Giacomo, J.), dated July 11, 2022. The order granted the plaintiff's motion pursuant to CPLR 3025 (b) for leave to amend the complaint to substitute nonparty Bernard Bernhardt for "John Doe, M.D." as a defendant.

Ordered that the order...

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