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FRIEDMAN v. VITALE

2021-07759, Index No. 504176/15.

2024 NY Slip Op 01002

EDWARD FRIEDMAN, Appellant, v. MICHAEL G. VITALE, ETC., ET AL., Respondents.

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

Decided February 28, 2024.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY ( Brian J. Isaac and Joshua Block of counsel), for appellant.

Aaronson Rappaport Feinstein & Deutsch, LLP, New York, NY ( David P. Johnson and Deirdre E. Tracey of counsel), for respondents.

Before: Angela G. Iannacci, J.P., William G. Ford, Helen Voutsinas, Lourdes M. Ventura, JJ.

DECISION & ORDER

In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Ellen M. Spodek, J.), dated September 28, 2021. The judgment, insofar as appealed from, upon an order of the same court dated September 13, 2021, granting that branch of the defendants' motion which was for summary judgment dismissing the cause of action alleging medical malpractice, is in favor of the...

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