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FUCHS v. LONG BEACH MED. CTR.

2018-12768. Index No. 11653/07.

199 A.D.3d 762 (2021)

157 N.Y.S.3d 499

2021 NY Slip Op 06153

Ava Fuchs, Appellant, v. Long Beach Medical Center et al., Respondents, et al., Defendants.

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

Decided November 10, 2021.

Attorney(s) appearing for the Case

Gary A. Lichtman , New York, NY, for appellant.

Gabriele & Marano, LLP, Garden City, NY ( Jennifer Larkin-Higgins and Melissa Goldberg of counsel), for respondent Long Beach Medical Center.

Helwig, Henderson, Gray & Spinola, LLP, Syosset, NY ( Pamela Gleit of counsel), for respondent Scott Gorenstein.

Rivera, J.P., Brathwaite Nelson, Iannacci and Ford, JJ., concur.

Ordered that the order is reversed, on the law, with one bill of costs, and, upon reargument, the determinations granting the motion of the defendant Scott Gorenstein to limit the damages claimed by the plaintiff, and granting the separate motions of the defendants Long Beach Medical Center and Scott Gorenstein pursuant to CPLR 4401 for judgment as a matter of law dismissing the complaint insofar as asserted against each of them, are vacated, and thereupon, the motions are...

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