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HARMS v. TLC HEALTH NETWORK

995 CA 21-00704.

215 A.D.3d 1295 (2023)

188 N.Y.S.3d 816

2023 NY Slip Op 02264

Florence Louise Harms, Individually and as Executor of the Estate of Robert L. Harms, Deceased, Appellant, v. TLC Health Network et al., Respondents, et al., Defendants.

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

Decided April 28, 2023.

Attorney(s) appearing for the Case

PAUL WILLIAM BELTZ, P.C., BUFFALO ( WILLIAM A. QUINLAN , OF COUNSEL) FOR PLAINTIFF-APPELLANT.

BARGNESI BRITT, PLLC, BUFFALO ( JASON T. BRITT , OF COUNSEL) FOR DEFENDANTS-RESPONDENTS.

Present—Whalen, P.J., Smith, Curran, Montour and Ogden, JJ.

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered April 12, 2021. The order, inter alia, dismissed as moot the motion of plaintiff seeking, inter alia, to strike the answer of defendants TLC Health Network and Lake Shore Health Care Center.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this medical malpractice and wrongful death action, plaintiff appeals...

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