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BURRY v. ALEXANDER

868 CA 21-01617.

210 A.D.3d 1454 (2022)

176 N.Y.S.3d 510

2022 NY Slip Op 06395

Jennifer Burry, Individually and as Executor of the Estate of Theresa Burry, Deceased, Respondent, v. Daniel Alexander, M.D., et al., Appellants, et al., Defendants.

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

Decided November 10, 2022.

Attorney(s) appearing for the Case

BROWN, GRUTTADARO & PRATO, PLLC, ROCHESTER ( DENNIS GRUTTADARO OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

MANGAN LOUIS LLP, NEW YORK CITY ( MICHAEL G. MANGAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Peradotto, Curran, Winslow and Montour, JJ.

Appeal from an order of the Supreme Court, Ontario County (William K. Taylor, J.), entered April 8, 2021. The order denied the motion of defendants Daniel Alexander, M.D., Erin Wilkinson, P.A., and Finger Lakes Health, doing business as Finger Lakes Bone and Joint, LLP, doing business as Finger Lakes Health for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at...

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