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SLOAN v. LAWRENCE NURSING CARE CTR., INC.

Index No. 26294/16E. Appeal No. 16558. Case No. 2022-00079.

209 A.D.3d 617 (2022)

175 N.Y.S.3d 723

2022 NY Slip Op 06075

Angela Sloan, Respondent, v. Lawrence Nursing Care Center, Inc., Defendant, and David Jacobson, D.O., Appellant.

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

Decided October 27, 2022.

Attorney(s) appearing for the Case

Keller, O'Reilly and Watson, P.C., Woodbury ( Anna Bonventre , of counsel), for appellant.

Silver & Kelmachter, LLP, New York ( Leslie D. Kelmachter of counsel), for respondent.

Concur—Kapnick, J.P., Mazzarelli, Friedman, Shulman, Rodriguez, JJ.

Order, Supreme Court, Bronx County (Joseph E. Capella, J.), entered July 30, 2021, which denied defendant David Jacobson, D.O.'s motion for summary judgment dismissing the complaint as against him, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Dr. Jacobson made out a prima facie case of entitlement to summary judgment by submitting an affirmation from a medical expert establishing that...

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