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CONSTABLE v. STATEN IS. UNIV. HOSP.

2021-03615. Index No. 151365/16.

221 A.D.3d 953 (2023)

198 N.Y.S.3d 605

2023 NY Slip Op 06114

Titus Constable, Plaintiff, v. Staten Island University Hospital, Respondent. Thomas Constable, as Executor of the Estate of Titus Constable, Deceased, Nonparty Appellant.

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 nonparty-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, nonparty Thomas Constable, as executor of the estate of Titus Constable, appeals from an order of the Supreme Court, Richmond County (Lizette Colon, J.), dated May 20, 2021. The order, insofar as appealed from, denied that branch of the motion of nonparty Thomas Constable, as executor of the estate of Titus Constable, which was denominated as one for leave to renew and reargue, but which was, in actuality...

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