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NICOTRA v. CNY FAMILY CARE, LLP

1234 CA 19-00753.

184 A.D.3d 1191 (2020)

125 N.Y.S.3d 213

2020 NY Slip Op 03360

Desiree Nicotra, Respondent, v. CNY Family Care, LLP, et al., Defendants, and St. Joseph's Hospital Health Center et al., Appellants. St. Joseph's Imaging Associates, PLLC, et al., Third-Party Plaintiffs, v. Chiropractic Wellness, PLLC, et al, Third-Party Defendants. Chiropractic Wellness, PLLC, et al., Fourth-Party Plaintiffs-Appellants, v. CNY Family Care, LLP, et al., Fourth-Party Defendants, and St. Joseph's Hospital Health Center et al., Fourth-Party Defendants-Respondents.

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

Decided June 12, 2020.

It is hereby ordered that the second amended order so appealed from is unanimously modified on the law by denying in part the motion of defendant-fourth-party defendant St. Joseph's Hospital Health Center for summary judgment dismissing the fourth-party complaint against it and reinstating the cause of action for contribution against it, and by denying in part the motions of defendants-third-party plaintiffs-fourth-party defendants Martin Waldron, M.D. and Emergency Care...

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