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CARROLL v. NIAGARA FALLS MEM. MED. CTR.

968 CA 21-01179.

218 A.D.3d 1373 (2023)

193 N.Y.S.3d 579

2023 NY Slip Op 04082

Jeanne Carroll, Appellant-Respondent, v. Niagara Falls Memorial Medical Center, Respondent, and Mark D. Perry, M.D., et al., Appellants.

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO ( JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFF-APPELLANT-RESPONDENT.

CONNORS LLP, BUFFALO ( JOHN T. LOSS OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

Present—Whalen, P.J., Peradotto, Lindley, Bannister and Montour, JJ.

Appeals from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered July 21, 2021. The order granted the motion of defendant Niagara Falls Memorial Medical Center for summary judgment and denied the motion of defendants Mark D. Perry, M.D., Mark D. Perry, M.D., P.C., and Radiology Solutions Associates, PLLC, for summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion of defendant...

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