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ZIEMENDORF v. CHI

385 CA 21-00881.

207 A.D.3d 1157 (2022)

172 N.Y.S.3d 306

2022 NY Slip Op 04465

George Ziemendorf et al., Respondents, v. Yong B. Chi et al., Appellants, et al., Defendants.

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

Decided July 8, 2022.

Attorney(s) appearing for the Case

CONNORS LLP, BUFFALO ( JOHN T. LOSS OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

MEYERS BUTH LAW GROUP, PLLC, ORCHARD PARK ( PATRICK J. MALONEY OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Present—Peradotto, J.P., Lindley, Curran, Winslow and Bannister, JJ.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted, and the second amended complaint and any cross claims against defendants Yong B. Chi, M.D. and Yong B. Chi, M.D., P.L.L.C. are dismissed.

Memorandum: Plaintiffs commenced this medical malpractice action after George Ziemendorf (plaintiff) suffered an epidural abscess that left him partially paralyzed, alleging, inter alia, that Yong B. Chi...

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