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WIATER v. LEWIS

2018-11089. Index No. 502774/16.

197 A.D.3d 782 (2021)

153 N.Y.S.3d 176

2021 NY Slip Op 04783

Shaya Wiater et al., Appellants, v. Blair Lewis et al., Defendants, and Elliot Riegelhaupt, Respondent.

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

Decided August 25, 2021.

Attorney(s) appearing for the Case

Victoria Wickman (Arnold E. DiJoseph, P.C., New York, NY [ Arnold E. DiJoseph III ], of counsel), for appellants.

Aaronson Rappaport Feinstein & Deutsch, LLP, New York, NY ( Steven C. Mandell of counsel), for respondent.

LaSalle, P.J., Dillon, Iannacci and Christopher, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Elliot Riegelhaupt for summary judgment dismissing the complaint insofar as asserted against him is denied.

The plaintiffs commenced this action, inter alia, to recover damages for medical malpractice, alleging that the defendants' departures from good and accepted medical practice delayed the diagnosis of ulcerative colitis in the...

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