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HINLICKY v. DREYFUSS

6 N.Y.3d 636 (2006)

848 N.E.2d 1285

815 N.Y.S.2d 908

TIMOTHY J. HINLICKY, as Administrator of the Estate of MARIE M. HINLICKY, Deceased, and as Executor of WILLIAM P. HINLICKY, Deceased, Appellant, v. DAVID C. DREYFUSS, M.D., et al., Respondents.

Court of Appeals of the State of New York.

Decided May 2, 2006.

Attorney(s) appearing for the Case

Powers & Santola, LLP, Albany (Michael J. Hutter of counsel), for appellant.

Sugarman Law Firm, LLP, Syracuse (Timothy J. Perry of counsel), for Riverside Associates in Anesthesia, P.C., respondent.

Aswad & Ingraham, Binghamton (Charles O. Ingraham of counsel), for David C. Dreyfuss, respondent.

Phelan, Phelan & Danek, LLP, Albany (Timothy S. Brennan and John J. Phelan, III of counsel), for Robert O. Frank, respondent.

Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

Chief Judge KAYE.

In October 1996, decedent Marie Hinlicky, age 71, underwent an endarterectomy to remove plaque buildup in her carotid artery. Though the surgery was completed successfully, she suffered a heart attack and died 25 days later. Plaintiff, as administrator of her estate,1 brought this medical malpractice action alleging negligence on the part...

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