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Judgment Dismissal Caunter V. Cohen, 2022 N.Y. Slip Op. 32429


 

Opinion

Index No. 805178/2018 Motion Seq. No. 002

07-21-2022

SUSAN CAUNTER, Plaintiff, v. BEN ZANE COHEN, M.D., RETINA ASSOCIATES OF NEW YORK, P.C., RETINAL AMBULATORY SURGERY CENTER OF NEW YORK, INC., REGENERON PHARMACEUTICALS, INC. AND BECTON, DICKINSON AND COMPANY, Defendants.

ORDERED that the court grants in part Defendants Ben Zane Cohen, M.D.'s and Retina Associates of New York, P.C.'s motion for summary judgment dismissal of Plaintiff Susan Caunter's complaint filed under motion sequence 002, to the extent that the court grants dismissal of Plaintiff s lack of informed consent claim and all claims regarding Defendants Dr. Cohen's and RANY's alleged actions or inactions which occurred prior to February 9, 2018, and the court denies the remainder of the motion; and it is further

ORDERED that the remaining claims are severed and continued; and it is further

ORDERED that the court amends the caption to reflect Plaintiff Susan Caunter's previous discontinuance of the action against Defendants Retinal Ambulatory Surgery Center of New York, Inc., Regeneron Pharmaceuticals, Inc. and Becton, Dickinson and Company, the court deletes their names as defendants in this action and directs the Clerk of the Court to amend the caption as set forth below:

SUSAN CAUNTER, Plaintiff,
v.
BEN ZANE COHEN, M.D. and RETINA ASSOCIATES OF NEW YORK, P.C., Defendants.