VEGA v. KIRSCHENBAUM

Index No. 21831/17E. Appeal No. 16339. Case No. 2021-03014.

209 A.D.3d 458 (2022)

174 N.Y.S.3d 840

2022 NY Slip Op 05624

Frank Vega, Respondent-Appellant, v. Ira Kirschenbaum, M.D., Defendant, and Bronx-Lebanon Hospital Center, Appellant-Respondent.

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

Decided October 6, 2022.


Attorney(s) appearing for the Case

Turken Heath & McCauley LLP, Armonk ( Jason D. Turken of counsel), for appellant-respondent.

Sanocki, Newman & Turret, LLP, New York ( Joshua Fogel of counsel), for respondent-appellant.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Moulton, Kennedy, Pitt, JJ.


Order, Supreme Court, Bronx County (Joseph E. Capella, J.), entered July 15, 2021, which, to the extent appealed from, denied in part defendant Bronx-Lebanon Hospital Center's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted in its entirety. The Clerk is directed to enter judgment dismissing the complaint.

The court denied defendant summary judgment on the ground that plaintiff's expert affidavit...

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