Gallo v Kozman
2022 NY Slip Op 06387 [210 AD3d 1446]
November 10, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 4, 2023


[*1]
 Michael Gallo, Respondent,
v
Hani Kozman, M.D., Appellant.

Sugarman Law Firm, LLP, Syracuse (Adam P. Carey of counsel), for defendant-appellant.

DeFrancisco & Falgiatano, LLP, East Syracuse (Charles L. Falgiatano of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Joseph E. Lamendola, J.), entered September 21, 2021. The order denied the motion of defendant for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Whalen, P.J., Smith, Lindley, NeMoyer and Winslow, JJ.