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DELZOTTI v. BOWERS

2020-08008, 2020-08009. Index No. 501562/20.

219 A.D.3d 967 (2023)

195 N.Y.S.3d 129

2023 NY Slip Op 04464

Nicholas Delzotti, as Chapter 7 Bankruptcy Trustee for Tammy M. Hill, Appellant, v. Charles H. Bowers, M.D., et al., Respondents.

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

Decided August 30, 2023.

Attorney(s) appearing for the Case

Sussman and Associates, Goshen, NY ( Michael H. Sussman of counsel), for appellant.

McAloon & Friedman, P.C., New York, NY ( Gina Bernardi Di Folco of counsel), for respondent Charles H. Bowers.

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( Claude S. Platton , Nwamaka Ejebe , and Kate Fletcher of counsel), for respondents Kings County Hospital and New York City Health & Hospitals Corporation, Inc.

Dillon, J.P., Chambers, Maltese and Warhit, JJ., concur.

In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from (1) an order of the Supreme Court, Kings County (Kathy J. King, J.), dated September 15, 2020, and (2) a judgment of the same court dated October 16, 2020. The order granted the motion of the defendant Charles H. Bowers, and the separate motion of the defendants Kings County Hospital and New York City Health and Hospitals Corporation, Inc., pursuant to CPLR 3211(a) to dismiss the...

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