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LOPEZ v. WYCKOFF HEIGHTS MEDICAL CENTER

2009-02297.

78 A.D.3d 664 (2010)

913 N.Y.S.2d 230

LISSETTE LOPEZ, as Administratrix of the Estate of LIZZETTE RODRIGUEZ, Deceased, Respondent, v. WYCKOFF HEIGHTS MEDICAL CENTER et al., Respondents, and YVON NAZAIRE, M.D., Appellant, et al., Defendants.

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

Decided November 3, 2010.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the motion of the defendant Yvon Nazaire which was for summary judgment dismissing the second amended complaint insofar as asserted against him as time-barred and substituting therefor a provision granting that branch of the motion, and (2) by adding thereto the words "are denied as academic" after the words "for leave to...

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