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JAVICH v. SULLIVAN

2017-09299. Index No. 11213/14.

192 A.D.3d 871 (2021)

144 N.Y.S.3d 719

2021 NY Slip Op 08224

Ella Javich et al., Appellants, v. James Dennis Sullivan et al., Respondents.

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

Decided March 17, 2021.

Attorney(s) appearing for the Case

Mark M. Basichas & Associates, P.C. ( Alexander J. Wulwick , New York, NY, of counsel), for appellants.

Lewis Johs Avallone Aviles, LLP, Islandia, NY ( Robert A. Lifson of counsel), for respondents James Dennis Sullivan and Raza M. Zaidi.

Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success, NY ( Christopher Simone and Nicholas Tam of counsel), for respondent North Shore Long Island Jewish Medical Center.

Kerley, Walsh, Matera & Cinquemani, P.C., Seaford, NY ( Lauren B. Bristol of counsel), for respondent Sophia Lyubarskaya.

Austin, J.P., Barros, Connolly and Iannacci, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The plaintiff Ella Javich, and her husband suing derivatively, commenced this action to recover damages for injuries Javich allegedly sustained after suffering a stroke following colon resection surgery. The surgery was performed at North Shore University Hospital by the defendant James Dennis Sullivan, who was assisted...

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