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LOWELL v. FLOM

2019-02798. Index No. 2310/13.

195 A.D.3d 801 (2021)

145 N.Y.S.3d 823

2021 NY Slip Op 03829

Paul G. Lowell et al., Appellants, v. Judith Esther Flom et al., Respondents.

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

Decided June 16, 2021.

Attorney(s) appearing for the Case

Duffy & Duffy, PLLC, Uniondale, NY ( James N. LiCalzi of counsel), for appellants.

Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success, NY ( Christopher Simone , Lena Holubnyczyj , and Nicholas Tam of counsel), for respondents Judith Esther Flom and North Shore University Hospital.

Kaufman Borgeest & Ryan LLP, Garden City, NY ( Jacqueline Mandell of counsel), for respondents Harvey B. Pollak, Lisa May Brietstein, Daniel Brietstein Medical, P.C., and Prohealth Care Associates, LLP.

LaSalle, P.J., Dillon, Miller and Connolly, JJ., concur.

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

The plaintiff Paul G. Lowell (hereinafter the injured plaintiff), and his wife suing derivatively, commenced this action alleging that the defendants failed to diagnose and treat the injured plaintiff's infectious endocarditis, thereby causing or permitting vegetation to develop on his bicuspid...

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