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POLKA v. MOUNT ST. MARY'S HOSP. OF NIAGARA FALLS

436 CA 19-00261.

187 A.D.3d 1538 (2020)

131 N.Y.S.3d 468

2020 NY Slip Op 05345

Thomas Polka, Appellant, v. Mount St. Mary's Hospital of Niagara Falls et al., Respondents.

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

Decided October 2, 2020.

It is hereby ordered that the order and judgment so appealed from is unanimously reversed on the law without costs, defendants' motions for a directed verdict are denied, the complaint is reinstated and a new trial is granted in accordance with the following memorandum: Plaintiff commenced this medical malpractice action against defendants, Mount St. Mary's Hospital of Niagara Falls (hospital), Marc Klementowski, M.D., and Kyle R. Andrews, as administrator of the estate of...

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