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JOHNSON v. EDWARDS

500218/2010.

41 Misc.3d 756 (2013)

971 N.Y.S.2d 848

2013 NY Slip Op 23311

WINSOME JOHNSON, as Administrator of the Estates of TYESHA JOHNSON and Another, Deceased, and WINSOME JOHNSON, Individually, Plaintiff, v. LORRAINE EDWARDS, R.N., et al., Defendants.

Supreme Court, Kings County.

Decided September 18, 2013.

Attorney(s) appearing for the Case

Anthony T. DiPietro, P.C., New York City ( Anthony T. DiPietro of counsel), for plaintiff. Kaufman Borgeest & Ryan, LLP, New York City ( Heather Laschewer of counsel), for Enzo Clinical Labs, defendant. Aaronson, Rappaport, Feinstein & Deutsch, New York City ( Lawrence Rosenblatt of counsel), for Gary Markoff, M.D., and another, defendants.

OPINION OF THE COURT

ANN T. PFAU, J.

Plaintiff moved to strike the answer of defendant Enzo Clinical Laboratory, sued herein as Enzo Clinical Labs, Inc., pursuant to CPLR 3126 for failure to produce discovery, and for summary judgment as to liability in the event the answer is struck. The motion is denied as follows.

This medical malpractice and wrongful death lawsuit arises from the treatment of plaintiff's decedent, Tyesha Johnson, who died on...

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