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JONES v. ERIE COUNTY MED.

Index No. 808159/2018.

73 Misc.3d 855 (2021)

2021 NY Slip Op 21297

JASON D. JONES, Plaintiff, v. ERIE COUNTY MEDICAL CENTER et al., Defendants.

Supreme Court, Erie County.

Decided October 22, 2021.

Attorney(s) appearing for the Case

Roach, Brown, McCarthy & Gruber, P.C. ( J. Mark Gruber of counsel) for Nicole V. Hinchy, DDS, defendant.

The Fitzgerald Firm, P.C. ( Brian P. Fitzgerald of counsel) for plaintiff.

Ricotta, Mattrey, Callocchia, Markel & Cassert ( Katherine V. Markel of counsel) for Erie County Medical Center, defendant.

OPINION OF THE COURT

Defendant, Nicole V. Hinchy, DDS (hereafter Dr. Hinchy), by notice of motion filed June 25, 2021, has moved for summary judgment pursuant to CPLR 3212 requesting that the plaintiff's complaint and all cross claims be dismissed. The grounds for the motion are that Dr. Hinchy owed no duty to...

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