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GREENBERG v. MONTEFIORE

Index No. 20340/19E. Appeal No. 15299. Case Nos. 2021-01438, 2021-01446.

205 A.D.3d 47 (2022)

164 N.Y.S.3d 615

2022 NY Slip Op 02194

Elaine GREENBERG, As Executor of the Estate of Gerald Greenberg, Deceased, Plaintiff-Appellant, v. MONTEFIORE NEW ROCHELLE HOSPITAL, et al., Defendants-Respondents.

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

Decided March 31, 2022.

Attorney(s) appearing for the Case

Lazar Grunsfeld Elnadav, LLP, Brooklyn ( Gerald Grunsfeld of counsel), for appellant.

Aaronson Rappaport Feinstein & Deutsch, LLP, New York City ( Elliott J. Zucker of counsel), for respondents.

Rickner PLLC, New York City ( Rob Rickner of counsel), for amici curiae.

OPINION OF THE COURT

On a motion to dismiss for failure to state a cause of action pursuant to CPLR 3211(a)(7), courts treat the allegations in the complaint as true (Leon v Martinez, 84 N.Y.2d 83, 87 [1994]). The relevant facts alleged in the complaint are as follows. On December 21...

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