PETITO v. ROBERTS

2012-02119

113 A.D.3d 743 (2014)

979 N.Y.S.2d 140

2014 NY Slip Op 334

ROCCO PETITO et al., Appellants, v. STEPHEN ROBERTS, M.D., Respondent, et al., Defendant.

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

Decided January 22, 2014.


In an action to recover damages for medical malpractice, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Richmond County (Maltese, J.), dated January 26, 2012, as granted that branch of the motion of the defendant Stephen Roberts which was pursuant to CPLR 3211 (a) (5) to dismiss the complaint insofar as asserted against him.

Prior Case History: 2012 NY Slip Op 30223(U).

Ordered that the order is affirmed...

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