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SIMS v. REYES

1240 CA 20-00266.

195 A.D.3d 133 (2021)

147 N.Y.S.3d 300

2021 NY Slip Op 02971

NICHOLAS SIMS, Appellant, v. SAMUEL A. REYES, M.D., et al., Defendants, and SETON IMAGING, Respondent. (Appeal No. 1.)

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

Decided May 7, 2021.

Attorney(s) appearing for the Case

Lipsitz Green Scime Cambria LLP, Buffalo ( John A. Collins of counsel), for plaintiff-appellant.

Roach, Brown, McCarthy & Gruber, P.C., Buffalo ( Meghann N. Roehl of counsel), for defendant-respondent.

CENTRA, J.P., LINDLEY and NEMOYER, JJ., concur with TROUTMAN, J.; BANNISTER, J., dissents and votes to modify in a separate opinion.

OPINION OF THE COURT

In this medical malpractice action, a dispute arose concerning the specific wording of an authorization provided by plaintiff as required by Arons v Jutkowitz (9 N.Y.3d 393 [2007]). Supreme Court directed plaintiff to provide authorizations containing certain...

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