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JONATHAN S. v. BENJAMIN

2019-00330. Index No. 49755/02.

193 A.D.3d 1003 (2021)

142 N.Y.S.3d 429

2021 NY Slip Op 02433

Jonathan S. et al., Respondents, v. Nancy Benjamin et al., Defendants, and Sandra McCalla, Appellant.

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

Decided April 21, 2021.

Attorney(s) appearing for the Case

Martin Clearwater & Bell LLP, East Meadow, NY ( Gregory A. Cascino and Christopher A. Terzian of counsel), for appellant.

Silberstein Awad & Miklos, P.C., Garden City, NY ( Joseph Miklos and Robert Miklos of counsel), for respondents.

Hinds-Radix, J.P., LaSalle, Connolly and Iannacci, JJ., concur.

Ordered that the order dated December 7, 2018, is affirmed, with costs.

This action to recover damages for medical malpractice was commenced in 2002 against the defendant St. Vincent's Catholic Medical Center/St. Mary's Hospital of Brooklyn (hereinafter St. Vincent) and others, including the defendant Sandra McCalla. After St. Vincent's bankruptcy in 2005, a settlement was reached, in March 2014, between the plaintiffs and St. Vincent,

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