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MATTHEW v. DeROSE

Index No. 31141/17, Appeal No. 1383-1384, Case Nos. 2023-00490, 2023-03229.

2024 NY Slip Op 00140

ALPHONSO MATTHEW, Plaintiff-Respondent, v. JOSEPH DeROSE, M.D., ET AL., Defendants, MONTEFIORE MEDICAL CENTER, Defendant-Appellant.

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

Decided January 11, 2024.

Attorney(s) appearing for the Case

Yoeli Gottlieb & Etra LLP, New York ( Susan Etra of counsel), for appellant.

Diamond and Diamond LLC, Brooklyn ( Stuart Diamond of counsel), for respondent.

Before: Kern, J.P., Oing, Singh, Kapnick, O'Neill Levy, JJ.

Appeal from order, Supreme Court, Bronx County (Michael A. Frishman, J.), entered on or about January 11, 2023, which, to the extent appealed from as limited by the briefs, denied defendant Montefiore Medical Center's (Montefiore) motion for summary judgment dismissing the medical malpractice claim against it, unanimously dismissed, without costs, as academic. Order, same court and Justice, entered on or about June 27, 2023, which, to the extent appealed from as limited by...

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