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DEMIRAYAK v. NASSAU CHEST PHYSICIANS, P.C.

2020-04427. Index No. 601249/18.

203 A.D.3d 1128 (2022)

163 N.Y.S.3d 415

2022 NY Slip Op 02111

Tunc Demirayak, Appellant, v. Nassau Chest Physicians, P.C., et al., Respondents, et al., Defendants.

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

Decided March 30, 2022.

Attorney(s) appearing for the Case

Law Office of Caner Demirayak, Esq., P.C., Brooklyn, NY, for appellant.

Wagner, Doman, Leto & Di Leo, P.C., Mineola, NY ( David B. De Siver of counsel), for respondents Nassau Chest Physicians, P.C., Jeffrey Wolf, and Sheryl Brustein.

Vigorito, Barker, Patterson, Nichols & Porter, LLP, New York, NY ( Adonaid C. Medina of counsel), for respondents St. Francis Hospital, Catholic Health System of Long Island, Inc., and CHS Physician's Partners, P.C.

Barros, J.P., Rivera, Wooten and Dowling, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The plaintiff commenced this action to recover damages for medical malpractice and wrongful death, etc., alleging, among other things, that the defendant Jeffrey Wolf, a pulmonary disease specialist, negligently performed an electromagnetic navigation bronchoscopy on the plaintiff's wife, Leyla Demirayak (hereinafter the decedent), on December 19, 2016, and thereafter failed to diagnose...

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