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BAKER v. EASTERN NIAGARA HOSP., INC.

38 CA 22-00006.

217 A.D.3d 1331 (2023)

191 N.Y.S.3d 566

2023 NY Slip Op 03090

Lurline Baker, as Executor of the Estate of Anna Capen, Deceased, Appellant, v. Eastern Niagara Hospital, Inc., et al., Respondents.

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

Decided June 9, 2023.

Attorney(s) appearing for the Case

BOTTAR LAW, PLLC, SYRACUSE ( SAMANTHA C. RIGGI of counsel), FOR PLAINTIFF-APPELLANT.

ROACH, BROWN, McCARTHY & GRUBER, P.C., BUFFALO ( HEDWIG M. AULETTA OF COUNSEL), FOR DEFENDANTS-RESPONDENTS EASTERN NIAGARA HOSPITAL, INC., INTER-COMMUNITY MEMORIAL HOSPITAL (NOW KNOWN AS EASTERN NIAGARA HOSPITAL, INC.), LOCKPORT MEMORIAL HOSPITAL (NOW KNOWN AS EASTERN NIAGARA HOSPITAL, INC.), PRAYOON PRABHARASUTH, M.D., JUAN DEROSAS, M.D., AND ROBERT HODGE, M.D., DEFENDANTS-RESPONDENTS.

Present—Smith, J.P., Lindley, Curran, Bannister and Montour, JJ.

Appeal from an order of the Supreme Court, Niagara County (Frank A. Sedita, III, J.), entered December 22, 2021. The order granted the motions of defendants to dismiss the complaint and dismissed the complaint.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motions are denied and the complaint and cross-claims are reinstated.

Memorandum: Plaintiff's decedent commenced this action seeking damages for...

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