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SMITH v. AGNANT

2013-04915, 2014-00028

131 A.D.3d 463 (2015)

15 N.Y.S.3d 387

2015 NY Slip Op 06426

DANIEL SMITH, an Infant, by His Mother and Natural Guardian, CHERRICKA SMITH, et al., Respondents, v. GUILAINE AGNANT, M.D., et al., Defendants, and LAWRENCE HOSPITAL, Appellant. (Appeal No. 1.) DANIEL SMITH, et al., Respondents, v. GUILAINE AGNANT, M.D., et al., Defendants, and SURESH KHANNA, M.D., Appellant. (Appeal No. 2.)

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

Decided August 5, 2015.

Ordered that the appeal from the order dated March 27, 2013, is dismissed; and it is further,

Ordered that the order dated October 3, 2013, is modified, on the law, by deleting the provision thereof, upon reargument, adhering to so much of the original determination in the order dated March 27, 2013, as denied that branch of the motion of the defendant Lawrence Hospital which was for summary judgment dismissing so much of the first cause of action as seeks recovery...

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