HILLARY v. GERSTEIN

2018-04130. Index No. 604747/17.

178 A.D.3d 674 (2019)

114 N.Y.S.3d 440

2019 NY Slip Op 08658

John Hillary et al., Appellants, v. Edgar Gerstein, Respondent, et al., Defendants.

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

Decided December 4, 2019.


Attorney(s) appearing for the Case

Stewart Law Firm, PLLC, Rosedale, NY ( Charmaine M. Stewart and Marina V. Moreno of counsel), for appellants.

Bartlett LLP, Mineola, NY ( Brian E. Lee of counsel), for respondent.

Hinds-Radix, LaSalle and Iannacci, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, those branches of the motion of the defendant Edgar Gerstein which were for summary judgment dismissing the first and fourth causes of action, which alleged medical malpractice, insofar as asserted against him as time-barred are denied, and the matter is remitted to the Supreme Court, Nassau County, for a new determination with respect to the plaintiffs'...

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