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AMBER R. v. PEDIATRIC & ADOLESCENT URGENT CARE OF W.N.Y., PLLC

543 CA 22-00821.

218 A.D.3d 1344 (2023)

193 N.Y.S.3d 604

2023 NY Slip Op 04063

Amber R., as Administrator of the Estate of B.M.-R., Deceased, Respondent, v. Pediatric & Adolescent Urgent Care of Western New York, PLLC, Appellants, et al., Defendant.

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

GIBSON McASKILL & CROSBY, LLP, BUFFALO ( MELISSA L. ZITTEL OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

PENBERTHY LAW GROUP LLP, BUFFALO ( BRITTANYLEE PENBERTHY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Lindley, Curran, Bannister and Ogden, JJ.

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered March 25, 2022. The order, insofar as appealed from, denied in part the motion of defendants for summary judgment dismissing the amended complaint.

It is hereby ordered that the order insofar as appealed from is reversed on the law without costs, the motion is granted in its entirety and the amended complaint is dismissed.

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