ELLIS v. PARNES

362 CA 21-00781.

204 A.D.3d 1522 (2022)

165 N.Y.S.3d 436

2022 NY Slip Op 02919

Teri Ellis, Respondent, v. Nata Parnes, M.D., et al., Appellants.

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

Decided April 29, 2022.


Attorney(s) appearing for the Case

SMITH SOVIK KENDRICK & SUGNET, P.C., SYRACUSE ( ANTHONY R. BRIGHTON OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

SNYDER LAW FIRM, PLLC, SYRACUSE ( DAVID B. SNYDER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., Smith, Peradotto, NeMoyer and Winslow, JJ.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this medical malpractice action, defendants appeal from an order to the extent that it denied their motion for summary judgment insofar as it sought the dismissal of the first cause of action. We affirm. Although plaintiff acknowledges that defendants met their initial burden on the motion, we conclude that, contrary to defendants' contention, plaintiff raised...

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