BENOIT v. JAMAICA ANESTHESIOLOGIST, P.C.

2020-00139. Index No. 615476/18.

207 A.D.3d 429 (2022)

169 N.Y.S.3d 519

2022 NY Slip Op 04285

Vladimir Benoit et al., Appellants, v. Jamaica Anesthesiologist, P.C., Respondent, et al., Defendant.

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

Decided July 6, 2022.


Attorney(s) appearing for the Case

Kudman Trachten Aloe Posner LLP, New York, NY ( Paul H. Aloe and Christopher T. Shanahan of counsel), for appellants.

Foley & Lardner LLP, New York, NY ( Barry G. Felder and Rachel E. Kramer of counsel), for respondent.

Barros, J.P., Iannacci, Chambers and Dowling, JJ., concur.


Ordered that the judgment is reversed, on the law, with costs, the plaintiffs' motion for summary judgment on the complaint is granted, that branch of the cross motion of the defendant Jamaica Anesthesiologist, P.C., which was for summary judgment on its second counterclaim is denied, the order is modified accordingly, and the matter is remitted to the Supreme Court, Nassau County, for the entry of an amended judgment, inter alia, making the appropriate declaration in accordance...

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