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LANZETTA v. MONTEFIORE MED. CTR.

Index No. 27712/19E. Appeal Nos. 16701-16701A-16701B. Case Nos. 2021-01401, 2021-03674.

210 A.D.3d 535 (2022)

179 N.Y.S.3d 20

2022 NY Slip Op 06554

Joseph Lanzetta, as Executor of the Estate of Pasquale Lanzetta, Deceased, Appellant, v. Montefiore Medical Center et al., Respondents.

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

Decided November 17, 2022.

Attorney(s) appearing for the Case

Lazar Grunsfeld Elnadav, LLP, Brooklyn ( Gerald Grunsfeld of counsel), for appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Judy C. Selmeci of counsel), for Montefiore Medical Center and Robert Potenza, M.D., respondents.

Garson & Jakub LLP, New York ( Andrew Harrison of counsel), for Howard Hochster, M.D., respondent.

Concur—Kapnick, J.P., Webber, Friedman, Gesmer, Singh, JJ.

Order, Supreme Court, Bronx County (John R. Higgitt, J.), entered on or about March 17, 2021, which granted defendant Howard Hochster, M.D.'s motion for summary judgment dismissing the complaint and cross claims as against him, unanimously reversed, on the law, without costs, and the motion denied.

Judgment, Supreme Court, Bronx County (Doris M. Gonzalez, J.) entered September 1, 2021, granting codefendants Montefiore Medical...

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