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GARDINER v. HALLERAN

512 CA 18-02224.

172 A.D.3d 1922 (2019)

97 N.Y.S.3d 922

2019 NY Slip Op 03512

Eileen A. Gardiner et al., Appellants, v. David R. Halleran, M.D., Individually and as Agent, Officer and/or Employee of Colon Rectal Associates of Central New York, LLP, et al., Defendants, and Lawrence C. Calabrese, M.D., Individually and as Agent, Officer and/or Employee of St. Joseph's Imaging Associates, PLLC, et al., Respondents.

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

Decided May 3, 2019.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion of defendants-respondents is denied, and the complaint against defendants-respondents is reinstated.

Memorandum: Plaintiffs commenced this medical malpractice action in connection with a surgical procedure performed upon plaintiff Eileen A. Gardiner. Supreme Court erred in granting the motion of defendants-respondents (defendants) for summary judgment...

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