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WALKER v. CARUANA

809 CA 18-01632.

175 A.D.3d 1807 (2019)

109 N.Y.S.3d 799

2019 NY Slip Op 06908

Reta Walker, Individually and as Administratrix of the Estate of Trent Walker, Deceased, Appellant, v. Joseph A. Caruana, M.D., et al., Defendants, and Catholic Health System, Doing Business as Sisters Hospital of Buffalo, Respondent.

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

September 27, 2019.

Attorney(s) appearing for the Case

PAUL WILLIAM BELTZ, P.C., BUFFALO ( ANNE B. RIMMLER OF COUNSEL), FOR PLAINTIFF-APPELLANT.

BARGNESI BRITT PLLC, BUFFALO ( JASON T. BRITT OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Smith, J.P., Carni, NeMoyer, Curran and Troutman, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this medical malpractice action, plaintiff appeals from an order that, inter alia, granted the motion of defendant Catholic Health System, doing business as Sisters Hospital of Buffalo (Sisters), for summary judgment dismissing the second amended complaint against it. We affirm.

Contrary to plaintiff's contention, Sisters met its initial burden on the...

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