BURNS v. GOYAL

2014-11013, Index No. 20115/10.

145 A.D.3d 952 (2016)

2016 NY Slip Op 08834

44 N.Y.S.3d 180

BARBARA BURNS, Individually and as Executrix of THOMAS J. BURNS, Deceased, Respondent, v. SUDHIR GOYAL et al., Defendants, and RAKESH B. PATEL et al., Appellants.

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

Decided December 28, 2016.


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, and the separate motions of the defendants Rakesh B. Patel and Suffolk Heart Group, LLP, and the defendants Michael Torelli and South Shore Family Practice Assoc., P.C., for summary judgment dismissing the complaint insofar as asserted against each of them are granted.

The defendant Michael Torelli testified at his deposition that he and his practice, the defendant South...

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