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FERNANDEZ v. FERNANDEZ

2021-04413. Index No. 4351/20.

216 A.D.3d 743 (2023)

189 N.Y.S.3d 538

2023 NY Slip Op 02498

Hector Fernandez, Respondent-Appellant, v. Yesenia Fernandez, Appellant-Respondent, and Orange Regional Medical Center, Respondent.

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

Decided May 10, 2023.

Attorney(s) appearing for the Case

Sholes & Miller, PLLC, Fishkill, NY ( Leilani Rodriguez and Ellen Fischer of counsel), for appellant-respondent.

Linden Law Group, P.C., New York, NY ( Jeffrey Benjamin of counsel), for respondent-appellant.

Catania, Mahon & Rider, PLLC, Newburgh, NY ( Jeffrey S. Sculley of counsel), for respondent.

Barros, J.P., Iannacci, Zayas and Dowling, JJ., concur.

In an action, inter alia, to recover damages for negligence, the defendant Yesenia Fernandez appeals, and the plaintiff cross-appeals, from an order of the Supreme Court, Orange County (Maria Vazquez-Doles, J.), dated May 12, 2021. The order, insofar as appealed from, denied that branch of the motion of the defendant Yesenia Fernandez which was pursuant to CPLR 3211(a) to dismiss the second cause of action insofar as asserted against...

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