McMAHON-DeCARLO v. WICKLINE

1070 CA 23-00627.

2024 NY Slip Op 00730

CURRY McMAHON-DeCARLO AND FREDERICK DECARLO, Plaintiffs-Appellants, v. ANDREW WICKLINE, M.D., Defendant-Respondent.

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

Decided February 9, 2024.


Attorney(s) appearing for the Case

ROBERT E. LAHM, PLLC, SYRACUSE ( ROBERT E. LAHM OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

MARTIN, GANOTIS, BROWN, MOULD & CURRIE, P.C., DEWITT ( JONATHAN P. PILAT OF COUNSEL), FOR DEFENDANT-RESPONDENT.

PRESENT: SMITH, J.P., CURRAN, BANNISTER, GREENWOOD, AND NOWAK, JJ.


Appeal from an order of the Supreme Court, Oneida County (David A. Murad, J.), entered October 17, 2022. The order granted defendant's motion for summary judgment dismissing the complaint.

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, the motion is denied, and the complaint is reinstated.

Memorandum:

In this medical malpractice action seeking damages for injuries Curry McMahon-DeCarlo (plaintiff...

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