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MIRSHAH v. OBEDIAN

2018-03662, 2018-03663. Index No. 603647/13.

200 A.D.3d 868 (2021)

158 N.Y.S.3d 226

2021 NY Slip Op 06994

Mohammad Mirshah et al., Appellants, v. Richard S. Obedian et al., Respondents.

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

Decided December 15, 2021.

Attorney(s) appearing for the Case

Pollack Pollack Isaac & DeCicco, LLP, New York, NY ( Brian J. Isaac and Christopher J. Soverow of counsel), for appellants.

Connick, Myers, McNamee & Fitzgerald, PLLC, Mineola, NY ( Barbara A. Myers of counsel), for respondents Richard S. Obedian, Richard S. Obedian, MD, PLLC, and Island Spine and Sports Medicine, P.C.

Bower Law, P.C., Uniondale, NY ( Anina H. Monte and Gianna Crespo of counsel), for respondent Winthrop University Hospital.

Rivera, J.P., Iannacci, Ford and Dowling, 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 which are in favor of the defendants Richard S. Obedian, Richard S. Obedian, MD, PLLC, and Island Spine and Sports Medicine, P.C., and against the plaintiff dismissing the complaint insofar as asserted against those defendants; as so modified, the judgment is affirmed, those defendants' motion for summary judgment...

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