| Heinrich v Serens |
| 2025 NY Slip Op 04320 [240 AD3d 1228] |
| July 25, 2025 |
| 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, Appellant, v Kelley A. Serens, N.P., et al., Defendants, and Lynn Marie Cleary, M.D., Respondent. (Appeal No. 3.) |
Sidney P. Cominsky, LLC, Jamesville (Sidney P. Cominsky of counsel), for plaintiff-appellant.
Gale Gale & Hunt, LLC, Fayetteville (Kevin T. Hunt of counsel), for defendant-respondent.
Appeal from a judgment of the Supreme Court, Onondaga County (Joseph E. Lamendola, J.), entered February 22, 2024. The judgment dismissed the amended complaint against defendant Lynn Marie Cleary, M.D.
It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the amended complaint is reinstated against defendant Lynn Marie Cleary, M.D., and a new trial is granted.
Same memorandum as in Heinrich v Serens ([appeal No. 1] 240 AD3d 1223 [4th Dept 2025]). Present—Lindley, J.P., Curran, Ogden, DelConte and Keane, JJ.