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PEREZ v. NES MED. SERVS. OF N.Y., P.C.

2019-10487. Index No. 4546/13.

203 A.D.3d 1089 (2022)

162 N.Y.S.3d 777

2022 NY Slip Op 02031

Francisco R. Perez et al., Appellants, v. NES Medical Services of New York, P.C., Respondent.

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

Decided March 23, 2022.

Attorney(s) appearing for the Case

The Emanuel Law Firm, LLC, Brooklyn, NY ( Richard G. Monaco of counsel), for appellants.

Lewis, Johs, Avallone, Aviles, LLP, New York, NY ( Stephen R. Macho of counsel), for respondent.

Miller, J.P., Maltese, Zayas and Ford, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendant NES Medical Services of New York, P.C., for summary judgment dismissing the complaint insofar as asserted against it is denied.

The plaintiff Francisco R. Perez presented to the emergency room at nonparty Lutheran Medical Center (hereinafter Lutheran) several times between November 2010 and July 2011, complaining of back pain. He alleges that the physicians...

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