WALSH v. AKHUND

2017-11607. Index No. 27128/08.

198 A.D.3d 1010 (2021)

155 N.Y.S.3d 593

2021 NY Slip Op 05890

Patricia M. Walsh, Appellant, v. Birjus G. Akhund et al., Respondents, et al., Defendants.

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

Decided October 27, 2021.


Attorney(s) appearing for the Case

Law Office of Brian Schochet, PLLC, New York, NY, for appellant.

Kelly, Rode & Kelly, LLP, Mineola, NY ( Eric P. Tosca and Loris Zeppieri of counsel), for respondents.

LaSalle, P.J., Rivera, Duffy and Ford, JJ., concur.


Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, the complaint is reinstated insofar as asserted against the defendants Birjus G. Akhund and Huntington Medical Group, P.C., and the matter is remitted to the Supreme Court, Suffolk County, for a new trial as to those defendants.

On August 28, 2002, the plaintiff's decedent came under the care of the defendant Birjus G. Akhund, an oncologist employed by the defendant Huntington...

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