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CHEN v. NEW YORK HOSPITAL MEDICAL CENTER OF QUEENS

Index No. 805057/18. Appeal No. 14639. Case No. 2020-03236.

200 A.D.3d 512 (2021)

160 N.Y.S.3d 19

2021 NY Slip Op 06944

Alex Chen, as Administrator of the Estate of Chuiheng Chen, Deceased, Appellant, v. New York Hospital Medical Center of Queens et al., Defendants, and Deepali A. Mude, M.D., Respondent.

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

Decided December 14, 2021.

Attorney(s) appearing for the Case

Sol Kodsi , New York, for appellant.

Kutner Friedrich, LLP, New York ( Charles E. Kutner of counsel), for respondent.

Concur—Webber, J.P., Kern, González, Mendez, Shulman, JJ.

This action arises from a medical procedure that was allegedly improperly performed on plaintiff's father on March 29, 2013. Plaintiff commenced the action in February 2018, asserting causes of action for wrongful death, medical malpractice, and lack of informed consent against several defendants, including a "John Doe" representing an anesthesiologist not yet identified. While plaintiff asserts that he did not learn of Dr. Mude's identity as the anesthesiologist until August...

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