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MONTANARI v. LORBER

2017-12981, 2018-06428. Index No. 703640/14.

200 A.D.3d 676 (2021)

157 N.Y.S.3d 102

2021 NY Slip Op 06684

Stefano Montanari et al., Appellants, v. Daniel Lorber et al., Defendants, and Scott R. Strumpfler et al., Respondents.

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

Decided December 1, 2021.

Attorney(s) appearing for the Case

Silberstein, Awad & Miklos, P.C., Garden City, NY ( Susan B. Eisner and Michael Lauterborn of counsel), for appellants.

Marulli, Lindenbaum & Tomaszewski, LLP, New York, NY ( Gerard J. Marulli of counsel), for respondents Scott R. Strumpfler and Nassau Emergency Medicine, P.C.

Bartlett LLP, Mineola, NY ( Robert G. Vizza and Frank Schiralli, Jr. , of counsel), for respondents Marianne Hamra and St. Francis Hospital.

Connick, Myers, McNamee & Fitzgerald, PLLC, Mineola, NY ( Glenn P. McNamee of counsel), for respondent Lance Rubel.

Wagner, Doman, Leto & DiLeo, P.C., Mineola, NY ( Deborah C. Sturm of counsel), for respondents Jonathan Waxner, Alan Schecter, and Nassau Chest Physicians, P.C.

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

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is modified, on the law, by deleting the provisions thereof dismissing the causes of action alleging medical malpractice and loss of consortium insofar as asserted against the defendants Scott R. Strumpfler, Nassau Emergency Medicine, P.C., Jonathan Waxner, Alan Schecter, and Nassau Chest Physicians, P.C.; as so modified, the judgment is affirmed insofar as appealed from...

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