GARBIE v. AHMAD

2015-12282. Index No. 4132/10.

168 A.D.3d 687 (2019)

91 N.Y.S.3d 222

2019 NY Slip Op 00098

Martha Garbie, as Administratrix of the Estate of Andre Smith, Deceased, et al., Appellants, v. Aziz Ahmad et al., Defendants, and Gita Vatandoust et al., Respondents.

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

Decided January 9, 2019.


Ordered that the judgment is reversed, on the law, with one bill of costs payable by the respondents appearing separately and filing separate briefs, the complaint is reinstated insofar as asserted against the defendants Gita Vatandoust, Lawrence M. Mancino, and Goethals Radiology, P.C., and the matter is remitted to the Supreme Court, Kings County, for a new trial with respect to those defendants.

In 2013, CPLR 4106 was amended to provide that a trial court may discharge...

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