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FRANCIS v. STATE OF NEW YORK

Claim No. 130941. 2020-08412.

218 A.D.3d 657 (2023)

192 N.Y.S.3d 628

2023 NY Slip Op 03853

Amanda Francis, Appellant, v. State of New York, Respondent.

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

Decided July 19, 2023.

Attorney(s) appearing for the Case

Rosenbaum & Rosenbaum, P.C., New York, NY ( Matthew T. Gammons of counsel), for appellant.

Letitia James , Attorney General, New York, NY ( Steven C. Wu and Judith N. Vale of counsel), for respondent.

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

In a claim, inter alia, to recover damages for medical malpractice and wrongful death, the claimant appeals from an order of the Court of Claims (David A. Weinstein, J.), dated May 6, 2020. The order, insofar as appealed from, granted the defendant's motion to dismiss the claim and denied that branch of the claimant's cross-motion which was for leave to recommence the claim pursuant to CPLR 205(a).

Ordered that the order is affirmed insofar as appealed from, with...

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