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MERA v. NEW YORK CITY HEALTH AND HOSPS. CORP.

2021-06922. Index No. 712032/21.

220 A.D.3d 668 (2023)

197 N.Y.S.3d 278

2023 NY Slip Op 04975

Ana Virginia Mera, Individually and as Proposed Administrator for the Estate of Maria Veras, Also Known as Maria Rosa Veras Ramos, Deceased, Respondent, v. New York City Health and Hospitals Corporation et al., Appellants.

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

Decided October 4, 2023.

Attorney(s) appearing for the Case

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( Richard Dearing , Claude S. Platton , and Tahirih M. Sadrieh of counsel), for appellants.

Connolly, J.P., Genovesi, Voutsinas and Wan, JJ., concur.

In an action, inter alia, to recover damages for medical malpractice and wrongful death, the defendants appeal from an order of the Supreme Court, Queens County (Kevin J. Kerrigan, J.), dated August 20, 2021. The order denied the defendants' motion pursuant to CPLR 3211(a)(7) to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion pursuant to CPLR 3211(a)(7) to dismiss the complaint is granted.

The plaintiff...

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