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IVEY v. MBAIDJOL

2018-14717. Index No. 501503/15.

202 A.D.3d 1070 (2022)

163 N.Y.S.3d 589

2022 NY Slip Op 01152

Bruce Ivey, Appellant, v. Morombaye Mbaidjol et al., Respondents, et al., Defendants.

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

Decided February 23, 2022.

Attorney(s) appearing for the Case

Scaffidi & Associates, New York, NY ( Anthony J. Scaffidi , Robert M. Marino , and Kevin B. Lynch of counsel), for appellant.

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, Brooklyn, NY ( Denise Buda of counsel), for respondents.

Duffy, J.P., Iannacci, Maltese and Ford, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendants Morombaye Mbaidjol and Brookdale Hospital Medical Center for summary judgment dismissing the complaint insofar as asserted against them is denied.

On February 26, 2014, the plaintiff's decedent presented to the emergency department of the defendant Brookdale Hospital Medical Center (hereinafter Brookdale...

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