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REVERE v. BURKE

848 CA 20-01425.

200 A.D.3d 1607 (2021)

160 N.Y.S.3d 503

2021 NY Slip Op 07367

Gretchen Revere et al., Respondents, v. Robert P. Burke, D.O., et al., Appellants, et al., Defendants.

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

Decided December 23, 2021.

Attorney(s) appearing for the Case

SMITH SOVIK KENDRICK & SUGNET, P.C., SYRACUSE ( THOMAS J. DEBERNARDIS OF COUNSEL), FOR DEFENDANTS-APPELLANTS ROBERT P. BURKE, D.O. AND ROBERT P. BURKE, M.D., P.C.

MARTIN, GANOTIS, BROWN, MOULD & CURRY, P.C., DEWITT ( GABRIELLE L. BULL OF COUNSEL), FOR DEFENDANTS-APPELLANTS STELLA M. CASTRO, M.D., LINDSEY PETRIE, FNP-BC, AND ASTHMA & ALLERGY ASSOCIATES, P.C.

ROBERT F. JULIAN, P.C., UTICA ( ROBERT F. JULIAN OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Present—Whalen, P.J., Smith, Curran and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting in part the motion of defendants Stella M. Castro, M.D., Lindsey Petrie, FNP-BC, and Asthma & Allergy Associates, P.C., and dismissing the complaint against them except insofar as the complaint, as amplified by the bills of particulars, alleges that Castro failed to communicate her November 21, 2014 impressions about plaintiff Gretchen Revere to defendant Robert P. Burke...

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