MITCHELL v. LAM

263 CA 21-00612.

203 A.D.3d 1692 (2022)

162 N.Y.S.3d 815

2022 NY Slip Op 01929

Brian Mitchell, Respondent, v. Po N. Lam et al., Appellants.

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

Decided March 18, 2022.


Attorney(s) appearing for the Case

GALE GALE & HUNT, LLC, SYRACUSE ( ANDREW R. BORELLI OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

COTE & VAN DYKE, LLP, SYRACUSE ( JOSEPH S. COTE, III , OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Centra, J.P., Peradotto, Lindley, NeMoyer and Curran, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the cross motion and as modified the order is affirmed without costs.

Memorandum: In this medical malpractice action, defendants appeal from an order that denied their motion for summary judgment dismissing the complaint and that granted plaintiff's cross motion for partial summary judgment on liability on his informed consent claim. Contrary to defendants' contention...

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