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MESSINA v. RIVERA

2019-00430. Index No. 32256/15.

209 A.D.3d 1004 (2022)

177 N.Y.S.3d 317

2022 NY Slip Op 05999

Sharon Messina et al., Appellants, v. Ramon E. Rivera et al., Respondents.

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

Decided October 26, 2022.

Attorney(s) appearing for the Case

Dankner Milstein, P.C. ( Alexander J. Wulwick , New York, NY, of counsel), for appellants.

O'Connor, McGuinness, Conte, Doyle, Oleson, Watson & Loftus, LLP, White Plains, NY ( Montgomery L. Effinger of counsel), for respondents Ramon E. Rivera and Tri-State Bariatrics.

Pilkington & Leggett, P.C., White Plains, NY ( Michael N. Romano of counsel), for respondents Andrew M. Goldenberg and Digestive Disease Associates of Rockland, P.C.

Duffy, J.P., Iannacci, Miller and Zayas, JJ., concur.

In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Rockland County (Robert M. Berliner, J.), dated December 10, 2018. The order, insofar as appealed from, granted the motion of the defendants Andrew M. Goldenberg and Digestive Disease Associates of Rockland, P.C., for summary judgment dismissing the complaint insofar as asserted against them, and granted the motion of the defendants Ramon E. Rivera and...

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