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CONSTABLE v. STATEN ISLAND UNIV. HOSP.

2020-07578. Index No. 151365/16.

221 A.D.3d 952 (2023)

198 N.Y.S.3d 604

2023 NY Slip Op 06113

Titus Constable, Appellant, v. Staten Island University Hospital, Respondent.

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

Decided November 29, 2023.

Attorney(s) appearing for the Case

Krenstel Guzman Herbert, LLP ( Marcia K. Raicus and Mischel & Horn, P.C., New York, NY [ Scott T. Horn ], of counsel), for appellant.

Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success, NY ( Christopher Simone of counsel), for respondent.

Connolly, J.P., Brathwaite Nelson, Chambers and Voutsinas, JJ., concur.

In an action, inter alia, to recover damages for medical malpractice, the appeal is from an order of the Supreme Court, Richmond County (Orlando Marrazzo, Jr., J.), dated October 5, 2020. The order granted the defendant's motion pursuant to CPLR 1021 to dismiss the complaint.

Motion by the respondent to dismiss the appeal on the ground that the attorney who filed the notice of appeal for the deceased appellant, Titus Constable, lacked authority to act on his behalf...

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