M.V. v. APPLIED BEHAVIORAL MENTAL HEALTH COUNSELING, P.C.

2022-02994. Index No. 508099/17.

219 A.D.3d 943 (2023)

195 N.Y.S.3d 734

2023 NY Slip Op 04449

M.V. et al., Appellants, v. Applied Behavioral Mental Health Counseling, P.C., et al., Defendants, and Malky E. Felberbav et al., Respondents.

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

Decided August 30, 2023.


Attorney(s) appearing for the Case

Bernstone & Grieco, LLP, New York, NY ( Matthew A. Schroeder of counsel), for appellants.

The Law Firm of Connors & Connors, P.C., Staten Island, NY ( Erik J. McKenna of counsel), for respondents.

Barros, J.P., Brathwaite Nelson, Miller and Wan, JJ., concur.


In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Robin K. Sheares, J.), dated March 10, 2022. The order denied the plaintiffs' motion pursuant to CPLR 5015(a)(1) to vacate so much of an order of the same court dated July 22, 2020, as granted the motion of defendants Malky E. Felberbav and Samuel J. Halpern for summary judgment dismissing the complaint insofar as asserted against them.

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