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PINGTELLA v. JONES

305 A.D.2d 38 (2003)

758 N.Y.S.2d 717

FRANK PINGTELLA, JR., as Administrator of the Estate of VIRGINIA R. PINGTELLA, Also Known as GINGER R. PINGTELLA, Deceased, Plaintiff, and FRANK PINGTELLA, JR., Individually and as Parent and Natural Guardian of FRANK V. PINGTELLA, an Infant, Respondent, v. LEELAND JONES, M.D., Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 2, 2003.

Attorney(s) appearing for the Case

Brown & Tarantino, LLP, Buffalo (Ann M. Campbell of counsel), for appellant.

Webster Szanyi LLP, Buffalo (Kevin A. Szanyi of counsel), for respondent.

GREEN, J.P., PINE, and HURLBUTT, JJ., concur.

OPINION OF THE COURT

LAWTON, J.

In this medical malpractice matter, we are asked to determine whether defendant psychiatrist owed a duty of care to the child of his patient. Defendant appeals from an order that, inter alia, denied those parts of his motion seeking dismissal of the cause of action for physical and psychiatric injuries on behalf of the child and the derivative cause of action for plaintiff's care of the child. On appeal, defendant contends...

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