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BRADLEY v. KONAKANCHI

1191 CA 17-00681.

156 A.D.3d 187 (2017)

64 N.Y.S.3d 815

2017 NY Slip Op 08125

BEVERLY BRADLEY, Individually and as Guardian of the Person and Property of RHOEMEL LAMPKIN, Respondent, v. RAMESH KONAKANCHI, D.O., Appellant, et al., Defendant.

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

Decided November 17, 2017.

Attorney(s) appearing for the Case

Connors LLP, Buffalo ( John T. Loss of counsel), for appellant.

Brown Chiari, LLP, Buffalo ( Brian R. Hogan of counsel), for respondent.

SMITH, J.P., PERADOTTO, DEJOSEPH and CURRAN, JJ., concur.

OPINION OF THE COURT

We hold that CPLR 3404 does not apply when the note of issue is vacated.

Facts

The material facts are undisputed. Plaintiff's ward was admitted to the psychiatric unit of a hospital in the City of Niagara Falls. Shortly thereafter, he allegedly jumped off the hospital's roof and sustained...

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