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GELLERT v. SHANNON

2020-05897. Index No. 55246/19.

215 A.D.3d 805 (2023)

187 N.Y.S.3d 96

2023 NY Slip Op 01985

Arthur L. Gellert, Appellant, v. Michael B. Shannon, Respondent, et al., Defendants.

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

Decided April 19, 2023.

Attorney(s) appearing for the Case

Hasapidis Law Offices, South Salem, NY ( Annette G. Hasapidis of counsel), for appellant.

Dorf & Nelson LLP, Rye, NY ( Stephanie K. McDougall of counsel), for respondent.

Rivera, J.P., Maltese, Warhit and Voutsinas, JJ., concur.

In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Westchester County (William J. Giacomo, J.), dated May 27, 2020. The order, insofar as appealed from, denied the plaintiff's motion, in effect, pursuant to CPLR 5015(a)(1) to vacate so much of an order of the same court dated January 15, 2020, as granted the unopposed motion of the defendant Michael B. Shannon pursuant to CPLR 3211(a)(8) to dismiss...

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