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FALLETTA v. NORMAN

700 CA 22-01294.

220 A.D.3d 1207 (2023)

197 N.Y.S.3d 799

2023 NY Slip Op 05080

Amy D. Falletta, as Executor of the Estate of James A. Falletta, Deceased, Respondent, v. Allyn M. Norman, D.O., Individually and Doing Business as Maple Ayer Medical, et al., Defendants, and David M. Zlotnick, M.D., Appellant.

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

Decided October 6, 2023.

Attorney(s) appearing for the Case

GIBSON, McASKILL & CROSBY, LLP, BUFFALO ( MELINDA L. GRABOWSKI OF COUNSEL), FOR DEFENDANT-APPELLANT.

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO ( JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Montour, Greenwood, Nowak and DelConte, JJ.

Appeal from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered July 28, 2022. The order denied the motion of defendant David M. Zlotnick, M.D. to dismiss the amended complaint against him.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In February 2016, James A. Falletta (decedent) arrived at the emergency department at Millard Fillmore Suburban Hospital (Millard Fillmore) complaining...

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