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SUNSHINE v. BERGER

2019-06791, 2019-13327. Index No. 57292/16.

214 A.D.3d 1020 (2023)

186 N.Y.S.3d 326

2023 NY Slip Op 01701

Rebecca Sunshine, Respondent, v. Jack Berger, M.D., et al., Appellants, et al., Defendant.

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

Decided March 29, 2023.

Attorney(s) appearing for the Case

Heidell, Pittoni, Murphy & Bach, LLP, White Plains, NY ( Daniel S. Ratner of counsel), for appellants.

Koss & Schonfeld, LLP, New York, NY ( Jacob J. Schindelheim of counsel), for respondent.

Barros, J.P., Zayas, Ford and Taylor, JJ., concur.

In an action to recover damages for medical malpractice, lack of informed consent, and negligent hiring, the defendants Jack Berger, Christopher Mattern, Stephen Andrus, and Westmed Medical Group appeal from (1) an order of the Supreme Court, Westchester County (John P. Colangelo, J.), dated May 6, 2019, and (2) an order of the same court dated October 31, 2019. The order dated May 6, 2019, insofar as appealed from, denied those branches of the defendants' motion which were...

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