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HAUGHEY v. KINDSCHUH

2018-00909, Index No. 51053/13.

176 A.D.3d 785 (2019)

109 N.Y.S.3d 415

2019 NY Slip Op 07238

Gerard J. Haughey et al., Plaintiffs, v. Mark Kindschuh, Appellant, and Sound Shore Medical Center of Westchester, Respondent.

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

Decided October 9, 2019.

Attorney(s) appearing for the Case

Rende, Ryan & Downes, LLP, White Plains, NY ( Daniel M. Lee of counsel), for appellant.

Vouté, Lohrfink, Magro & McAndrew, LLP, White Plains, NY ( Edward G. Warren and Evan J. Lyman of counsel), for respondent.

Mastro, J.P., Duffy, LaSalle and Iannacci, JJ., concur.

Ordered that the order is modified, on the law and in the exercise of discretion, by deleting the provision thereof denying the motion of the defendant Mark Kindschuh to have a stipulation of discontinuance so-ordered, and substituting therefor a provision granting the motion, on the condition that the cross claims asserted by the defendant Sound Shore Medical Center of Westchester and the defendant Mark Kindschuh against each other are severed and continued; as so modified...

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