CLARKE v. NEW YORK CITY HEALTH & HOSPS.

2019-14233. Index No. 509348/17.

210 A.D.3d 631 (2022)

177 N.Y.S.3d 681

2022 NY Slip Op 06106

Maria Lewell Clarke et al., as Temporary Co-Administrators of the Estate of Wendy Vaughns-Lewell, Deceased, Respondents, v. New York City Health and Hospitals, Appellant.

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

Decided November 2, 2022.


Attorney(s) appearing for the Case

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( Jeremy W. Schweder and Kate Fletcher of counsel), for appellant.

Weitz & Luxenberg, P.C., New York, NY ( Pierre A. Ratzki and Josh McMahon of counsel), for respondents.

Connolly, J.P., Rivera, Zayas and Ford, JJ., concur.


In an action to recover damages for medical malpractice, wrongful death, and lack of informed consent, the defendant appeals from an order of the Supreme Court, Kings County (Marsha L. Steinhardt, J.), dated November 13, 2019. The order denied the defendant's motion for summary judgment dismissing the complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendant's motion which was for summary judgment...

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