NODAR v. PASCARETTI

2019-07718. Index No. 59861/15.

200 A.D.3d 697 (2021)

158 N.Y.S.3d 211

2021 NY Slip Op 06695

John Nodar et al., Appellants, v. Cynthia Pascaretti et al., Respondents, et al., Defendants.

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

Decided December 1, 2021.


Attorney(s) appearing for the Case

Sullivan Papain Block McGrath & Cannavo P.C., New York, NY ( Stephen C. Glasser and Christopher J. DelliCarpini of counsel), for appellants.

Pilkington & Leggett, P.C., White Plains, NY ( Michael N. Romano , of counsel), for respondents.

Austin, J.P., Hinds-Radix, Duffy and Connolly, JJ., concur.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendants Cynthia Pascaretti, Daniel Hafner, Mid-Hudson Medical Group, and Mount Kisco Medical Group, P.C., for summary judgment dismissing the complaint insofar as asserted against them is denied.

As is relevant to this appeal, in June 2015, the plaintiff John Nodar (hereinafter Nodar), and his wife suing derivatively, commenced this action against, among others, the defendants Cynthia...

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