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GANZ v. FLORMAN

Index No. 805177/19. Appeal No. 17252. Case No. 2022-02278.

213 A.D.3d 434 (2023)

181 N.Y.S.3d 466

2023 NY Slip Op 00632

Jeffrey Ganz et al., Appellants, v. Sander S. Florman, M.D., et al., Respondents.

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

Decided February 7, 2023.

Attorney(s) appearing for the Case

Essner & Kobin, LLP, New York ( Howard Essner of counsel) for appellants.

Aaronson Rappaport Feinstein & Deutsch, LLP, New York ( Elliott J. Zucker of counsel) for respondents.

Concur—Renwick, J.P., Gesmer, Moulton, Kennedy, Mendez, JJ.

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered on or about October 20, 2021, which, to the extent appealed from, granted defendants' motion to dismiss the complaint pursuant to CPLR 3042(d), unanimously affirmed, without costs.

Plaintiffs' failure to submit opposition papers to defendants' motion to dismiss does not render the order an unappealable order entered upon default (CPLR 5511), as plaintiff...

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