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DANIELE v. PAIN MANAGEMENT CENTER OF LONG ISLAND

2019-08806. Index No. 4936/12.

189 A.D.3d 1351 (2020)

134 N.Y.S.3d 808

2020 NY Slip Op 07860

Arlene Daniele, Respondent, v. Pain Management Center of Long Island et al., Defendants, and Neil B. Kirschen et al., Appellants.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

Fumuso, Kelly, Swart, Farrell, Polin & Christesen, LLP, Hauppauge, NY ( Scott G. Christesen of counsel), for appellant Neil B. Kirschen.

Bower Law P.C. (Mauro Lilling Naparty LLP, Woodbury, NY [ Caryn L. Lilling and Katherine Herr Solomon ], of counsel), for appellants Winthrop University Hospital and Linda W. Roberts.

The Gucciardo Law Firm, PLLC (Shayne, Dachs, New York, NY [ Jonathan A. Dachs ], of counsel), for respondent.

Rivera, J.P., Duffy, Barros and Iannacci, JJ., concur.

Ordered that the order is reversed, on the law, with one bill of costs to the appellants appearing separately and filing separate briefs, and the matter is remitted to the Supreme Court, Nassau County, for a new trial on the issues of liability and damages with respect to the defendants Neil B. Kirschen, Winthrop University Hospital, and Linda W. Roberts.

The underlying facts are summarized in our decision and order determining a prior appeal in this action (see...

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