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BURNS v. GOYAL

No. 138 SSM 22

30 N.Y.3d 956 (2017)

86 N.E.3d 551

64 N.Y.S.3d 659

2017 NY Slip Op 07162

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

Court of Appeals of New York.

Decided October 12, 2017.

Attorney(s) appearing for the Case

Frank N. Ambrosino , Smithtown, for appellant.

Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success ( Christopher Simone of counsel), for Rakesh B. Patel, M.D., and another, respondents.

Keller, O'Reilly & Watson, PC., Woodbury ( Vincent J. Petrozzo , Angela A. Cutone and Kathleen V. Meara of counsel), for Michael Torelli, M.D., and another, respondents.

Concur: Chief Judge DIFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA, WILSON and FEINMAN.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order modified, with costs to plaintiff against defendants Rakesh B. Patel and Suffolk Heart Group, LLP and to defendants Michael Torelli and South Shore Family Practice Associates, P.C. against plaintiff, by denying the motion of defendants Rakesh B. Patel and Suffolk Heart Group, LLP for summary judgment and, as so modified, affirmed...

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