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ZAYAS v. SCHENKER

2020-04255. Index No. 719003/18.

217 A.D.3d 738 (2023)

191 N.Y.S.3d 116

2023 NY Slip Op 03045

Raul Zayas, Respondent, v. Josef Schenker et al., Defendants, and Mario A. Guerrero, Appellant.

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

Decided June 7, 2023.

Attorney(s) appearing for the Case

Marshall Dennehey Warner Coleman & Goggin, P.C., Melville, NY ( Michael P. Kelly of counsel), for appellant.

Barros, J.P., Rivera, Genovesi and Taylor, JJ., concur.

In an action, inter alia, to recover damages for medical malpractice and wrongful death, the defendant Mario A. Guerrero appeals from an order of the Supreme Court, Queens County (Peter J. O'Donoghue, J.), entered April 27, 2020. The order, insofar as appealed from, granted that branch of the plaintiff's motion which was pursuant to CPLR 3217(b) for leave to discontinue the action insofar as asserted against the defendant Maha...

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