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LANCIA v. GOOD SAMARITAN HOSP.

2019-11483, 2020-00547. Index No. 35690/16.

201 A.D.3d 913 (2022)

162 N.Y.S.3d 120

2022 NY Slip Op 00415

Robert Lancia et al., Respondents-Appellants, v. Good Samaritan Hospital et al., Appellants-Respondents, and Stanley Kang, Respondent, et al., Defendants. (Appeal No. 1.) Robert Lancia et al., Respondents-Appellants, v. Good Samaritan Hospital et al., Appellants-Respondents, et al., Defendants. (Appeal No. 2.)

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

Decided January 26, 2022.

Attorney(s) appearing for the Case

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, New York, NY ( Judy C. Selmeci of counsel), for appellants-respondents Good Samaritan Hospital, Mercedes Nunez, and Patricia Knight.

Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP, White Plains, NY ( Samantha E. Quinn of counsel), for appellants-respondents Hudson Valley Brain and Spine Surgery, P.C., Jeffrey Oppenheim, and James Mills.

Hasapidis Law Offices, South Salem, NY ( Annette G. Hasapidis of counsel), for respondents-appellants.

Vouté, Lohrfink, McAndrew, Meisner & Roberts, LLP, White Plains, NY ( Howard S. Jacobowitz and Micah Friedberg of counsel), for respondent.

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

Ordered that the appeal by the defendants Good Samaritan Hospital, Mercedes Nunez, and Patricia Knight from the order dated January 10, 2020, is dismissed, as no appeal lies from an order denying reargument; and it is further,

Ordered that the order dated September 23, 2019, is modified, on the law, by deleting the provision thereof granting the motion of the defendant Stanley Kang for summary judgment dismissing the complaint insofar as asserted against him, and...

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