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VALLONE v. VULCANO

Index No. 8051638/19. Appeal No. 711. Case No. 2023-00382.

220 A.D.3d 454 (2023)

197 N.Y.S.3d 181

2023 NY Slip Op 05050

Keith Vallone, Respondent, v. Ettore Vulcano, M.D., et al., Appellants.

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

Decided October 5, 2023.

Attorney(s) appearing for the Case

Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP, White Plains ( Samantha E. Quinn of counsel), for appellants.

Nelson Robinson & El Ashmawy, PLLC, New York ( Daniel X. Robinson of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Singh, Gesmer, Rodriguez, Rosado, JJ.

Order, Supreme Court, New York County (John J. Kelley, J.), entered on or about July 1, 2022, which, to the extent appealed from, denied defendants Ettore Vulcano, M.D. and St. Luke's Roosevelt Hospital Center s/h/a Mount Sinai West's motion for summary judgment dismissing the medical malpractice claim against them, unanimously affirmed, without costs.

Initially, the court providently exercised its discretion in declining to deny defendants' motion as untimely (

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