TEMPLETON v. PAPATHOMAS

2020-05295. Index No. 5662/16.

208 A.D.3d 1268 (2022)

175 N.Y.S.3d 544

2022 NY Slip Op 05228

Donna Templeton, Respondent, v. Erica Papathomas et al., Appellants.

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

Decided September 21, 2022.


Attorney(s) appearing for the Case

Martin Clearwater & Bell LLP, East Meadow, NY ( Gregory A. Cascino , John J. Barbera , and Karen B. Corbett of counsel), for appellants.

Brian M. Limmer , Mineola, NY, for respondent.

Dillon, J.P., Roman and Maltese, JJ., concur.


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

On January 14, 2015, at the age of 81, the plaintiff's decedent, who suffered from several underlying comorbidities, including diabetes, peripheral vascular disease, and cardiovascular disease, presented to the defendant Cherrywood Foot Care Group, P.C. (hereinafter Cherrywood), where he was seen by the defendant Erica Papathomas...

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