M.H. v. TUCCI

2016-04594. Index No. 8339/13.

166 A.D.3d 750 (2018)

88 N.Y.S.3d 416

2018 NY Slip Op 07714

M.H. et al., Respondents, v. James John Tucci, Appellant.

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

Decided November 14, 2018.


Ordered that the appeal is dismissed, without costs or disbursements.

In May 2013, the plaintiffs commenced this action against the defendant to recover damages for medical malpractice and lack of informed consent arising out of a surgery the defendant performed on the infant plaintiff in July 2012. Upon the completion of discovery, the defendant moved for summary judgment dismissing the complaint. In an order dated June 29, 2015 (hereinafter the June 2015 order)...

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