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BRAXTON v. ERIE COUNTY MED. CTR. CORP.

545 CA 21-00799.

208 A.D.3d 1038 (2022)

173 N.Y.S.3d 757

2022 NY Slip Op 04866

John M. Braxton, as Administrator of the Estate of Sheila M. Braxton, Deceased, Appellant, v. Erie County Medical Center Corporation et al., Defendants, and Kaleida Health, Doing Business as Buffalo General Hospital, Respondent. (Appeal No. 1.)

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

Decided August 4, 2022.

Attorney(s) appearing for the Case

LAW OFFICE OF J. MICHAEL HAYES, BUFFALO ( J. MICHAEL HAYES OF COUNSEL), FOR PLAINTIFF-APPELLANT.

ROACH, BROWN, McCARTHY & GRUBER, P.C., BUFFALO ( JOHN PATRICK DANIEU OF COUNSEL), FOR DEFENDANT-RESPONDENT.

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

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying those parts of the motion of defendant Kaleida Health, doing business as Buffalo General Hospital, with respect to the claims and cross claims against it based on the alleged failure of defendant Andrew Poreda, M.D. to document the medical record of plaintiff's decedent, request a neurological consult, order appropriate lab studies, properly monitor decedent's symptoms, and...

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