SHIRLEY v. FALKOVSKY

2019-11074. Index No. 602852/17.

207 A.D.3d 679 (2022)

170 N.Y.S.3d 496

2022 NY Slip Op 04659

Florence Balay Shirley, Appellant, v. Alexander Falkovsky et al., Respondents.

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

Decided July 20, 2022.


Attorney(s) appearing for the Case

Victoria Wickman (Arnold E. DiJoseph, P.C., New York, NY [ Arnold E. DiJoseph III ], of counsel), for appellant.

Fumuso, Kelly, Swart, Farrell, Polin & Christesen LLP, Hauppauge, NY ( Scott G. Christesen of counsel), for respondents.

Iannacci, J.P., Zayas, Genovesi and Ford, JJ., concur.


Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.

On March 3, 2015, the plaintiff's decedent, Riccardo Shirley (hereinafter the decedent), who had been diagnosed by his longtime physician, the defendant Alexander Falkovsky, with kidney disease, high blood pressure, and high cholesterol, presented to Falkovsky at the defendant East Merrick Medical, P.C., with complaints of...

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