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HEINRICH v. SERENS

21 CA 22-00912.

217 A.D.3d 1324 (2023)

189 N.Y.S.3d 350

2023 NY Slip Op 03087

Kenneth Heinrich, Individually and as Administrator of the Estate of David Alan Heinrich, Deceased, Respondent, v. Kelley A. Serens, NP, et al., Defendants, and Vivian Chan, M.D., Appellant. (Appeal No. 2.).

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

Decided June 9, 2023.

Attorney(s) appearing for the Case

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( DUSTIN J. BROCKNER OF COUNSEL), FOR DEFENDANT-APPELLANT.

SIDNEY P. COMINSKY, LLC, SYRACUSE ( SIDNEY P. COMINSKY of counsel), FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., Smith, Peradotto, Bannister and Ogden, JJ.

Appeal from an order of the Supreme Court, Onondaga County (Joseph E. Lamendola, J.), entered March 9, 2022. The order, inter alia, granted the motion of plaintiff seeking leave to reargue and, upon reargument, denied the motion of defendant Vivian Chan, M.D., among others, insofar as it sought summary judgment dismissing the amended complaint against Chan.

It is hereby ordered that the order so appealed from is unanimously...

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