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SOVOCOOL v. CORTLAND REGIONAL MED. CTR.

535338.

218 A.D.3d 947 (2023)

192 N.Y.S.3d 746

2023 NY Slip Op 03826

Alyssa Sovocool et al., Individually and as Executors of the Estate of Karen Sovocool, Deceased, Appellants, v. Cortland Regional Medical Center et al., Respondents.

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

Decided July 13, 2023.

Attorney(s) appearing for the Case

DeFrancisco & Falgiatano, LLP, East Syracuse ( Charles L. Falgiatano of counsel), for appellants.

Levene Gouldin & Thompson, LLP, Vestal ( Justin L. Salkin of counsel), for Cortland Regional Medical Center and others, respondents.

Brown, Gruttadaro & Prato, PLLC, Rochester ( John M. Coniglio of counsel), for Estate of Hasan Zakariyya, respondent.

Egan Jr., J.P., Aarons, Fisher and McShan, JJ., concur.

Appeal from an order of the Supreme Court (Mark G. Masler, J.), entered April 12, 2022, in Cortland County, which granted defendants' motions for summary judgment dismissing the complaint.

On October 18, 2017, at approximately 6:30 p.m., Karen Sovocool (hereinafter decedent) presented to the emergency department of defendant Cortland...

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