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MURPHY v. HARRIS

Index No. 805347/20. Appeal No. 16564. Case No. 2021-02991.

210 A.D.3d 410 (2022)

177 N.Y.S.3d 559

2022 NY Slip Op 06086

Mary Murphy, as Executor of the Estate of Patrick J. Murphy, Jr., Deceased, et al., Respondents, v. Frederick Harris et al., Defendants, and Armando Saltiel et al., Appellants.

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

Decided November 1, 2022.

Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith LLP, New York ( Nicholas Hurzeler of counsel), for Armando Saltiel, appellant.

Vigorito, Barker, Patterson, Nichols and Porter, LLP, Garden City ( Megan A. Lawless of counsel), for Imaging on Call, LLC, appellant.

Law Office of Brian Schochet, PLLC, New York ( Brian Schochet of counsel), for respondents.

Concur—Gische, J.P., Gesmer, Oing, Kennedy, Scarpulla, JJ.

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered on or about July 6, 2021, which denied defendants Armando Saltiel, M.D.'s s/h/a Armando Saltiel and Imaging on Call, LLC's CPLR 3211(a)(5) motions to dismiss the complaint against them as barred by the applicable statute of limitations, unanimously affirmed, without costs.

Plaintiffs commenced this action on November 3, 2020. On February 12, 2021, plaintiffs served an amended summons and complaint...

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