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BRAXTON v. ERIE COUNTY MED. CTR. CORP.

546 CA 21-00800.

208 A.D.3d 1042 (2022)

171 N.Y.S.3d 401

2022 NY Slip Op 04867

John M. Braxton, as Administrator of the Estate of Sheila M. Braxton, Deceased, Appellant, v. Erie County Medical Center Corporation et al., Defendants, and University Emergency Medical Services, Inc., et al., Respondents. (Appeal No. 2.)

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.

EAGAN & HEIMER, PLLC, BUFFALO ( JAMES E. EAGAN OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

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 defendants University Emergency Medical Services, Inc. and Andrew Poreda, M.D. with respect to the claims and cross claims against those defendants related to the alleged failure of Andrew Poreda, M.D. to consult with the family members of plaintiff's decedent and to review a report of November 18, 2013...

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