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GRUEN v. BRATHWAITE

2019-09502, 2020-01803. Index No. 60455/13.

215 A.D.3d 927 (2023)

187 N.Y.S.3d 313

2023 NY Slip Op 02107

Linda Gruen et al., Appellants, v. Collin E. Brathwaite et al., Defendants, and Winthrop University Hospital, Respondent.

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

Decided April 26, 2023.

Attorney(s) appearing for the Case

Parker Waichman LLP, Port Washington, NY ( Jay L. T. Breakstone and Stephenie L. Bross of counsel), for appellants.

Heidell, Pittoni, Murphy & Bach, LLP, Garden City, NY ( Daniel Lei and Daniel S. Ratner of counsel), for respondent.

Connolly, J.P., Wooten, Zayas and Wan, JJ., concur.

In an action, inter alia, to recover damages for medical malpractice and lack of informed consent, etc., the plaintiffs appeal from (1) an order of the Supreme Court, Suffolk County (Denise F. Molia, J.), dated May 8, 2019, and (2) an order of the same court dated January 6, 2020. The order dated May 8, 2019, insofar as appealed from, granted that branch of the motion of the defendant Winthrop University Hospital which was for summary judgment dismissing the cause of action...

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