BELOTTI v. NORTHERN WESTCHESTER HOSP.

2020-06171. Index No. 59267/16.

230 A.D.3d 461 (2024)

216 N.Y.S.3d 249

2024 NY Slip Op 04121

Joan Belotti, as Administratrix of the Goods, Chattels and Credits of Kennedy Bellingy, Deceased, Appellant, v. Northern Westchester Hospital et al., Respondents, et al., Defendants.

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

Decided August 7, 2024.


Attorney(s) appearing for the Case

Blau Leonard Law Group, LLC, Huntington, NY (Steven Bennett Blau of counsel), for appellant.

Vouté, Lohrfink, McAndrew, Meisner & Roberts LLP, White Plains, NY (Jonathan Weinstein of counsel), for respondents David Zuckerberg and Northern Westchester Emergency Medical Associates, PLLC.

Wilson Elser Moskowitz Edelmen & Dicker LLP, White Plains, NY (Roland T. Koke of counsel), for respondent Northern Westchester Hospital.

Phelan, Phelan & Danek, LLP, Albany, NY (Timothy S. Brennan of counsel), for respondents Barbara Polowczyk and Emergency Medical Association of New York, P.C. Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP, White Plains, NY (Samantha E. Quinn of counsel), for respondent Greg L. Caparaso.

Connolly, J.P., Iannacci, Genovesi and Love, JJ., concur.


In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals from stated portions of an order of the Supreme Court, Westchester County (Joan B. Lefkowitz, J.), dated June 24, 2020. The order, inter alia, granted those branches of the motion of the defendants Joseph N. Ponticiello, David Zuckerberg, and Northern Westchester Emergency Medical Associates, PLLC, which were for summary judgment dismissing the second amended complaint insofar as asserted...

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