KIELB v. BASCARA

2020-07268. Index No. 519967/18.

217 A.D.3d 756 (2023)

191 N.Y.S.3d 158

2023 NY Slip Op 03226

Kamil Kielb, as Administrator of the Goods, Chattels and Credits of Leszek Kielb, Deceased, Appellant, v. Bayani Bascara, M.D., et al., Respondents.

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

Decided June 14, 2023.


Attorney(s) appearing for the Case

Zucker & Regev, P.C., Brooklyn, NY ( Aaron M. Ser of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( Deborah A. Brenner , Barbara Graves-Poller , and Amanda Abata of counsel), for respondents.

Brathwaite Nelson, J.P., Chambers, Dowling and Warhit, JJ., concur.


In an action to recover damages for medical malpractice and wrongful death, the plaintiff appeals from an order of the Supreme Court, Kings County (Marsha L. Steinhardt, J.), dated August 28, 2020. The order granted the defendants' motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.

On February 2, 2018, the plaintiff...

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