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KELTY v. GENOVESE DRUG STORES, INC.

2020-03749. Index No. 605080/15.

214 A.D.3d 776 (2023)

185 N.Y.S.3d 250

2023 NY Slip Op 01282

Rose Kelty, Appellant, v. Genovese Drug Stores, Inc., et al., Defendants, and Hassan Hito, Respondent.

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

Decided March 15, 2023.

Attorney(s) appearing for the Case

Kujawski & Kujawski, Deer Park, NY ( Mark C. Kujawski and Davis & Ferber, LLP [ Steven B. Ferber ], of counsel) for appellant.

Furey, Furey, Leverage & Darlington, P.C., Hempstead, NY ( Kenya S. Hargrove , of counsel) for respondent.

Sobel Pevzner, LLC, Huntington, NY ( Aaron C. Gross , of counsel) for defendants.

Duffy, J.P., Genovesi, Dowling and Taylor, JJ., concur.

In a consolidated action, inter alia, to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Thomas F. Whelan, J.), dated May 5, 2020. The order, insofar as appealed from, granted the motion of the defendant Hassan Hito for summary judgment dismissing the complaint insofar as asserted against him as time-barred.

Ordered that the order is affirmed insofar as appealed from, with costs.

On May 13...

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