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McCARTHY v. TOWN OF MASSENA

535178.

218 A.D.3d 1082 (2023)

193 N.Y.S.3d 425

2023 NY Slip Op 03959

Jessica McCarthy, as Administrator of the Estate of Jay F. McCarthy, Deceased, Appellant-Respondent, v. Town of Massena, New York (Massena Memorial Hospital), Defendant, and Jan Close et al., Respondents, and Brian R. Kerrigan, Defendant and Third-Party Plaintiff-Respondent-Appellant; Nathan Witkop, Third-Party Defendant-Respondent.

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

Decided July 27, 2023.

Attorney(s) appearing for the Case

Campbell & Associates, Hamburg ( John T. Ryan of counsel), for appellant-respondent.

Maynard, O'Connor, Smith & Catalinotto, LLP, Albany ( Robert A. Rausch of counsel), for Jan Close, respondent.

Monaco Cooper Lamme & Carr, PLLC, Albany ( MacKenzie E. Kesterke of counsel), for Canton-Potsdam Hospital and another, respondents.

Phelan, Phelan & Danek, LLP, Albany ( Timothy S. Brennan of counsel), for Brian R. Kerrigan, defendant and third-party plaintiff-respondent-appellant.

Gordon Rees Scully Mansukhani, LLP, Harrison ( Robert E. Fein of counsel), for Nathan Witkop, third-party defendant-respondent.

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

Cross-appeals from an order of the Supreme Court (Mary M. Farley, J.), entered March 29, 2022, in St. Lawrence County, which, among other things, granted motions by defendants Jan Close, Canton-Potsdam Hospital, St. Lawrence Health Systems and Brian R. Kerrigan for summary judgment dismissing the amended complaint against them.

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