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ROYE v. GELBERG

2017-01389, 2017-02770, Index No. 25479/12.

172 A.D.3d 1260 (2019)

101 N.Y.S.3d 444

2019 NY Slip Op 04016

Vinton Roye, Appellant, v. Burt W. Gelberg et al., Respondents.

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

Decided May 22, 2019.

Ordered that the order entered November 28, 2016, is affirmed insofar as appealed from; and it is further,

Ordered that the order entered March 9, 2017, is affirmed; and it is further,

Ordered that one bill of costs is awarded to the respondents appearing separately and filing separate briefs.

On July 15, 2011, the plaintiff's decedent, Thelma McGlashen (hereinafter the decedent), underwent a colonoscopy

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