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NORMAN K. v. POSNER

522 CA 21-00717.

207 A.D.3d 1228 (2022)

171 N.Y.S.3d 724

2022 NY Slip Op 04499

Norman K., Individually and as Administrator of the Estate of Danielle L.K., Deceased, and as Parent and Natural Guardian of Devyn K. and Others, Respondent, v. Alan Posner et al., Defendants, and Lynne Ross, Appellant. (Appeal No. 1.).

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

Decided July 8, 2022.

Attorney(s) appearing for the Case

EAGAN & HEIMER PLLC, BUFFALO ( LAUREN HEIMER OF COUNSEL), FOR DEFENDANT-APPELLANT.

VINAL & VINAL, P.C., BUFFALO ( JEANNE M. VINAL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

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

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

Memorandum: Plaintiff commenced this medical malpractice action against, among others, defendants Alan Posner, M.D. and Mary Brown, N.P. and, after the applicable statute of limitations period had expired, plaintiff filed an amended complaint adding Lynne Ross, M.D. as a defendant. Ross moved pursuant to CPLR 3211(a)(5) to dismiss the amended complaint and any cross claims...

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