KENNETH HEINRICH INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DAVID ALAN HEINRICH DECEASED PLAINTIFF APPELLANT v. KELLEY SERENS ET AL DEFENDANTS AND LYNN MARIE CLEARY DEFENDANT RESPONDENT APPEAL NO (2025)

Supreme Court, Appellate Division, Fourth Department, New York.

KENNETH HEINRICH, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DAVID ALAN HEINRICH, DECEASED, PLAINTIFF-APPELLANT, v. KELLEY A. SERENS, N.P., ET AL., DEFENDANTS, AND LYNN MARIE CLEARY, M.D., DEFENDANT-RESPONDENT. (APPEAL NO. 3.)

385 Decided: July 25, 2025

PRESENT: LINDLEY, J.P., CURRAN, OGDEN, DELCONTE, AND KEANE, JJ.

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.

MEMORANDUM AND ORDER

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] — AD3d — [July 25, 2025] [4th Dept 2025]).

Entered: July 25, 2025

Ann Dillon Flynn

Clerk of the Court

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