GAINES v. BRYDGES

620 CA 21-00114.

198 A.D.3d 1287 (2021)

154 N.Y.S.3d 340

2021 NY Slip Op 05193

Susan Gaines et al., Respondents, v. Kenneth I. Brydges, D.O., Appellant, et al., Defendants.

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

Decided October 1, 2021.


Attorney(s) appearing for the Case

MARTIN, GANOTIS, BROWN, MOULD & CURRIE, P.C., DEWITT ( MATTHEW B. SCHUTTE OF COUNSEL), FOR DEFENDANT-APPELLANT.

GATTUSO & CIOTOLI, PLLC, FAYETTEVILLE ( FRANK S. GATTUSO OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Present—Whalen, P.J., Smith, Peradotto, Curran and DeJoseph, JJ.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs and that part of the motion seeking summary judgment dismissing the claim for punitive damages is granted.

Memorandum: Plaintiffs commenced this medical malpractice action seeking damages for injuries sustained by Susan Gaines (plaintiff) when, among other things, Kenneth I. Brydges, D.O. (defendant) allegedly failed to properly treat plaintiff's abdominal...

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