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RIVERA v. WYCKOFF HGTS. MED. CTR.

2012-05428

113 A.D.3d 667 (2014)

978 N.Y.S.2d 337

2014 NY Slip Op 216

JOANN RIVERA, as Administratrix of the Estate of JUSTIN ULLOA, Deceased, et al., Plaintiffs, v. WYCKOFF HEIGHTS MEDICAL CENTER, Defendant and Third-Party Plaintiff/Second Third-Party Plaintiff-Respondent, and ROGER DUVIVIER, Defendant and Third-Party Defendant-Appellant, et al., Defendants. MONTEFIORE MEDICAL CENTER, Third-Party Defendant-Appellant; THOMASENA ELLISON et al., Third-Party Defendants and Second Third-Party Defendants-Appellants, et al., Third-Party Defendants, et al., Second Third-Party Defendants.

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

Decided January 15, 2014.

In an action, inter alia, to recover damages for personal injuries, the third-party defendant Montefiore Medical Center appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Steinhardt, J.), dated February 6, 2012, as, upon renewal and reargument, adhered to the determination in an order of the same court entered June 28, 2011, denying its motion pursuant to CPLR 3211 (a) (1) and (5) to...

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