DONATO v. NUTOVITS

2015-02627, Index No. 70468/12.

149 A.D.3d 1037 (2017)

2017 NY Slip Op 03153

52 N.Y.S.3d 488

KENNETH DONATO, SR., Individually and as Administrator of the Estate of SOPHIE M. DONATO, Also Known as SOPHIE DONATO, Deceased, Appellant, v. RONALD NUTOVITS, M.D., et al., Defendants, and MATTHEW GOLKAR, M.D., et al., Respondents.

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

Decided April 26, 2017.


Motion by the respondents Matthew Golkar, David L. Burns, and Westchester Medical Practice, P.C., inter alia, to dismiss the appeal on the ground that no appeal lies as of right from an order determining an application to review objections raised during an examination before trial and leave to appeal has not been granted. By decision and order on motion of this Court dated December 18, 2015, that branch of the motion which was to dismiss the appeal was held in abeyance and...

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