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JAZMON E. v. MECHTLER

458 CA 22-00242.

219 A.D.3d 1128 (2023)

193 N.Y.S.3d 610

2023 NY Slip Op 04272

Jazmon E., Individually and as Parent and Natural Guardian of K.W., Appellant-Respondent, v. Stephen Mechtler, M.D., Respondent-Appellant, and Kaleida Health, Doing Business as Millard Fillmore Suburban Hospital, Respondent, et al., Defendant.

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

Decided August 11, 2023.

Attorney(s) appearing for the Case

BROWN CHIARI, LLP, BUFFALO ( MICHAEL R. DRUMM OF COUNSEL), FOR PLAINTIFF-APPELLANT-RESPONDENT.

EAGAN & HEIMER PLLC, BUFFALO ( LAUREN A. HEIMER OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT.

GIBSON, McASKILL & CROSBY, LLP, BUFFALO ( AMANDA C. ROSSI OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Smith, J.P., Peradotto, Curran, Montour and Ogden, JJ.

Appeal and cross-appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered January 21, 2022. The order, among other things, granted the motion of, among others, defendant Kaleida Health, doing business as Millard Fillmore Suburban Hospital, for summary judgment dismissing the complaint against it, and denied in part the motion of defendant Stephen Mechtler, M.D. for summary judgment.

It is hereby ordered that the order so appealed...

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