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CARDENAS v. ROCHESTER REGIONAL HEALTH

914 CA 20-00131.

192 A.D.3d 1543 (2021)

144 N.Y.S.3d 774

2021 NY Slip Op 01641

John Cardenas, as Administrator of the Estate of Abraham E. Cardenas, Deceased, Respondent, v. Rochester Regional Health et al., Appellants, et al., Defendant.

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

Decided March 19, 2021.

Attorney(s) appearing for the Case

HARRIS BEACH PLLC, PITTSFORD ( SVETLANA K. IVY OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

FITZSIMMONS, NUNN & PLUKAS, LLP, ROCHESTER ( JOSEPH R. PLUKAS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Carni, J.P., Lindley, Winslow, Bannister and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted, and the complaint against defendants Rochester Regional Health, Unity Mental Health, Rochester General Hospital, and Marc Johnson, MHC, is dismissed.

Memorandum: Plaintiff, as administrator of decedent's estate, commenced this medical malpractice and wrongful death action against Rochester Regional Health, Unity Mental Health (UMH), Rochester...

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