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MULLEN v. WISHNER

2018-08633. Index No. 28687/08.

178 A.D.3d 830 (2019)

111 N.Y.S.3d 872

2019 NY Slip Op 08850

Allison Mullen, Appellant, v. Steven G. Wishner, Respondent, et al., Defendant.

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

Decided December 11, 2019.

Attorney(s) appearing for the Case

Gruenberg Kelly Della, Ronkonkoma, NY ( Zachary M. Beriloff of counsel), for appellant.

Gabriele & Marano, LLP, Garden City, NY ( Jennifer Larkin-Higgins and Melissa Goldberg of counsel), for respondent.

Chambers, J.P., Maltese, LaSalle and Connolly, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action against her physician, Steven G. Wishner, and his employer, Huntington Medical Group (hereinafter HMG), alleging, inter alia, that Wishner engaged in improper physical conduct with the plaintiff during a physical examination in 2006. In an amended complaint, the plaintiff asserted a cause of action against Wishner alleging medical malpractice (first cause of...

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