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VENDITTI v. ST. CATHERINE OF SIENA MED. CTR.

2011-01808.

98 A.D.3d 1035 (2012)

950 N.Y.S.2d 759

2012 NY Slip Op 6209

VINCENT VENDITTI, as Administrator of the Estate of MARIA B. GERMAINE, Deceased, Appellant, v. ST. CATHERINE OF SIENA MEDICAL CENTER et al., Defendants, and ORLANDO V. BAUTISTA et al., Respondents.

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

September 19, 2012.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendants Orlando V. Bautista and Family Medical Care of Long Island, P.C., which was pursuant to CPLR 3211 (a) (5) to dismiss so much of the cause of action to recover damages for wrongful death insofar as asserted against them as was based upon acts of alleged malpractice committed before September 27, 2006, and substituting therefor a provision granting...

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