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LOCCISANO v. ASCHER

2019-03401. Index No. 504883/15.

195 A.D.3d 610 (2021)

149 N.Y.S.3d 229

2021 NY Slip Op 03451

Rocco Loccisano, Appellant, v. Enrico Ascher et al., Respondents.

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

Decided June 2, 2021.

Attorney(s) appearing for the Case

James Newman, P.C., Bronx, NY ( Kyle Newman of counsel), for appellant.

Yoeli Gottlieb & Etra LLP, New York, NY ( Matthew E. Yoeli of counsel), for respondents Enrico Ascher, Anil Hingorani, Total Vascular Care, PLLC, and Vascular Institute of New York.

Kaufman Borgeest & Ryan LLP, New York, NY ( Jacqueline Mandell , of counsel), for respondent Lutheran Medical Center.

Dillon, J.P., Hinds-Radix, Duffy and Wooten, JJ., concur.

Ordered that on the Court's own motion, the notice of appeal from so much of the order as denied the plaintiff's application to impose sanctions on the defendants Enrico Ascher, Anil Hingorani, Total Vascular Care, PLLC, and Vascular Institute of New York for spoliation of evidence is deemed to be an application for leave to appeal from that portion of the order (see CPLR 5701[c]), and leave to appeal is granted; and it is further,

Ordered that the order is...

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