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COOPER v. CITY OF NEW YORK

2017-11543. Index No. 19760/10.

200 A.D.3d 849 (2021)

157 N.Y.S.3d 542

2021 NY Slip Op 06986

Amelia D. Cooper, Appellant, v. City of New York et al., Defendants, and Reuven Moshenyat et al., Respondents.

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

Decided December 15, 2021.

Attorney(s) appearing for the Case

Law Office of Brian Schochet, PLLC, New York, NY, for appellant.

McAloon & Friedman, P.C. (Mauro Lilling Naparty LLP, Woodbury, NY [ Caryn L. Lilling and Katherine Herr Solomon ], of counsel), for respondents.

LaSalle, P.J., Rivera, Duffy and Ford, JJ., concur.

Ordered that the judgment is affirmed, with costs.

The plaintiff's decedent, Chara Hansford-Gitau (hereinafter the decedent), who had asthma and had been under the care of the defendant Ada M. Anon, a pediatrician, since her teenage years, died on June 6, 2009, at the age of 43, after suffering an asthma attack on May 29, 2009, approximately 13 months after she underwent bariatric surgery. The surgery was performed by the...

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