| Heinrich v Serens |
| 2023 NY Slip Op 03087 [217 AD3d 1324] |
| June 9, 2023 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Kenneth Heinrich, Individually and as Administrator of
the Estate of David Alan Heinrich, Deceased, Respondent, v Kelley A. Serens, NP, et al., Defendants, and Vivian Chan, M.D., Appellant. (Appeal No. 2.) |
Letitia James, Attorney General, Albany (Dustin J. Brockner of counsel), for defendant-appellant.
Sidney P. Cominsky, LLC, Syracuse (Sidney P. Cominsky of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Onondaga County (Joseph E. Lamendola, J.), entered March 9, 2022. The order, inter alia, granted the motion of plaintiff seeking leave to reargue and, upon reargument, denied the motion of defendant Vivian Chan, M.D., among others, insofar as it sought summary judgment dismissing the amended complaint against Chan.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Same memorandum as in Heinrich v Serens ([appeal No. 1] 217 AD3d 1320 [4th Dept, June 9, 2023]). Present—Whalen, P.J., Smith, Peradotto, Bannister and Ogden, JJ.