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PROANO v. GUTMAN

2019-06556, 2019-12895, 2019-14155. Index No. 607237/15.

211 A.D.3d 978 (2022)

180 N.Y.S.3d 279

2022 NY Slip Op 07253

Consuelo Proano, as Administrator of the Estate of Cesar Proano, Deceased, Appellant, v. David Gutman et al., Defendants, and Alice Kim et al., Respondents.

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

Decided December 21, 2022.

Attorney(s) appearing for the Case

Silberstein, Awad & Miklos, P.C. ( Veronica K. Sewnarine , Joseph P. Awad , and Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac ], of counsel), for appellant.

Kerley, Walsh, Matera & Cinquemani, P.C., Seaford, NY ( Lauren B. Bristol of counsel), for respondent Alice Kim.

Law Offices of Benvenuto & Slattery (Rubin Paterniti Gonzalez Kaufman, LLP, New York, NY [ Juan C. Gonzalez ], of counsel), for respondents Jorge L. Gardyn and Jorge L. Garden, M.D., F.A.C.P., P.C.

Brathwaite Nelson, J.P., Rivera, Chambers and Zayas, JJ., concur.

In an action to recover damages for medical malpractice and wrongful death, the plaintiff appeals from (1) an order of the Supreme Court, Nassau County (R. Bruce Cozzens, Jr., J.), dated April 5, 2019, (2) a judgment of the same court dated May 17, 2019, and (3) a judgment of the same court dated November 22, 2019. The order, insofar as appealed from, (a) granted that branch of the motion of the defendant Alice Kim which was pursuant to CPLR 3211(a)(5) to dismiss the second...

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