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MARTINEZ v. NYC HEALTH & HOSPS. CORP.

2021-07240, Index No. 713092/21.

2024 NY Slip Op 00186

MYRIAN MARTINEZ, ETC., Respondent, v. NYC HEALTH AND HOSPITALS CORPORATION, ET AL., Appellants.

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

Decided January 17, 2024.

Attorney(s) appearing for the Case

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( Tahirih M. Sadrieh , Richard Dearing , and Claude S. Platton of counsel), for appellants.

Before: Valerie Brathwaite Nelson, J.P., Cheryl E. Chambers, Barry E. Warhit, Janice A. Taylor, JJ.

DECISION & ORDER

In an action, inter alia, to recover damages for medical malpractice and wrongful death, the defendants appeal from an order of the Supreme Court, Queens County (Kevin J. Kerrigan, J.), dated August 30, 2021. The order, insofar as appealed from, denied that branch of the defendants' motion which was pursuant to CPLR 3211(a)(7) to dismiss the complaint.

ORDERED that the order is reversed insofar as appealed from, on the law, with costs...

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