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DOE v. ADVANTAGECARE PHYSICIANS, P.C.

2018-03479. Index No. 508631/16.

190 A.D.3d 819 (2021)

136 N.Y.S.3d 784

2021 NY Slip Op 00292

Jane Doe, Appellant, v. Advantagecare Physicians, P.C., et al., Respondents.

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

Decided January 20, 2021.

Attorney(s) appearing for the Case

Gerald P. Gross (The Altman Law Firm, PLLC, New York, NY [ Michael T. Altman ], of counsel), for appellant.

Silverson, Pareres & Lombardi LLP, New York, NY ( Rachel H. Poritz of counsel), for respondent Advantagecare Physicians, P.C.

Helwig, Henderson, Gray & Spinola, LLP, Syosset, NY ( Pamela Gleit of counsel), for respondent Gerald M. Weintraub.

Austin, J.P., Miller, Brathwaite Nelson and Wooten, JJ. concur.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting that branch of the motion of the defendant Advantagecare Physicians, P.C., which was pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted against it, and substituting therefor a provision denying that branch of the motion, and (2) by deleting the provision thereof granting that branch of the motion of the defendant Gerald M. Weintraub which was pursuant to CPLR...

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