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TOLLINCHI v. JAMAICA HOSP. MED. CTR.

2021-05968. Index No. 7909/12.

216 A.D.3d 842 (2023)

189 N.Y.S.3d 240

2023 NY Slip Op 02554

Antonia Tollinchi, Individually and as Administrator of the Estate of Julia Pozo, Deceased, Plaintiff, v. Jamaica Hospital Medical Center et al., Appellants, et al., Defendant. Walter Pozo, Nonparty Respondent.

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

Decided May 10, 2023.

Attorney(s) appearing for the Case

Martin Clearwater & Bell LLP, East Meadow, NY ( Gregory A. Cascino and Karen B. Corbett of counsel), for appellants.

Law Office of Miriam Jimenez & Associates, P.C., New York, NY ( John Tumelty of counsel), for nonparty-respondent.

Dillon, J.P., Chambers, Zayas and Warhit, JJ., concur.

In an action to recover damages for medical malpractice and wrongful death, the defendants Jamaica Hospital Medical Center and John Boccio appeal from an order of the Supreme Court, Kings County (Genine D. Edwards, J.), dated July 12, 2021. The order granted that branch of the motion of nonparty Walter Pozo which was for leave to renew (1) his prior motion, in effect, to be substituted as the plaintiff in the action and to amend the caption accordingly, and thereupon, to...

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