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GIOTIS v. BESSER

2019-09942. Index No. 709155/15.

207 A.D.3d 526 (2022)

169 N.Y.S.3d 811

2022 NY Slip Op 04538

George Giotis et al., Appellants, v. Walter A. Besser et al., Defendants, and Magdelaine Rivera et al., Respondents.

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

Decided July 13, 2022.

Attorney(s) appearing for the Case

The Paglinawan Firm ( James S. Paglinawan and Profeta & Eisenstein, New York, NY [ Fred R. Profeta, Jr. ], of counsel), for appellants.

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

Duffy, J.P., Roman, Maltese and Ford, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

On June 28, 2014, the plaintiff George Giotis (hereinafter the injured plaintiff) allegedly suffered a stroke after undergoing knee replacement surgery on June 26, 2014, at the defendant New York Hospital Queens. The injured plaintiff, and his wife suing derivatively, commenced the instant action to recover damages for medical malpractice against, among others, the defendants Magdelaine Rivera...

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