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NWASIKE v. WAGNER

2020-05605. Index No. 66693/14.

218 A.D.3d 690 (2023)

192 N.Y.S.3d 670

2023 NY Slip Op 03868

Chinyere Nwasike, Appellant, et al., Plaintiff, v. John Wagner et al., Respondents, et al., Defendants.

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

Decided July 19, 2023.

Attorney(s) appearing for the Case

Law Offices of K.C. Okoli, P.C., New York, NY, for appellant.

Furey, Furey, Leverage & Darlington, P.C., Hempstead, NY ( James M. Furey, Jr. , of counsel), for respondent John Wagner.

Perry Van Etten Rozanski & Kutner, LLP, Melville, NY ( Geoffrey H. Pforr and Thomas F. Maher of counsel), for respondent Kip L. Bodi.

Connolly, J.P., Iannacci, Genovesi and Taylor, JJ., concur.

In an action, inter alia, to recover damages for medical malpractice, etc., the plaintiff Chinyere Nwasike appeals from an order of the Supreme Court, Suffolk County (Paul J. Baisley, Jr., J.), dated June 25, 2020. The order, insofar as appealed from, granted that branch of the motion of the defendant John Wagner which was pursuant to CPLR 1021 to dismiss the complaint insofar as asserted against him and granted the cross-motion of the defendant Kip L. Bodi pursuant to CPLR...

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