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MARTONE v. HUANG

2020-06318, 2021-01677. Index No. 8970/12.

216 A.D.3d 1152 (2023)

190 N.Y.S.3d 421

2023 NY Slip Op 02871

Michael Martone, as strator of the Goods, Chattels and Credits of Maria Martone, Deceased, Appellant, v. David Huang, M.D., Respondent, et al., Defendants.

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

Decided May 31, 2023.

Attorney(s) appearing for the Case

Reingold & Tucker, Brooklyn, NY ( Jordan W. Tucker of counsel), for appellant.

Keller, O'Reilly & Watson, P.C., Woodbury, NY ( Patrick J. Engle of counsel), for respondent.

Brathwaite Nelson, J.P., Rivera, Ford and Taylor, JJ., concur.

In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals from (1) an order of the Supreme Court, Suffolk County (Paul J. Baisley, Jr., J.), dated May 29, 2020, and (2) an order of the same court dated February 17, 2021. The order dated May 29, 2020, denied the plaintiff's motion, inter alia, to vacate the dismissal of the action pursuant to CPLR 3404 and to restore the action to the trial calendar. The order dated February 17, 2021, insofar...

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