DRAGO v. BUONAGURIO


89 Misc.2d 171 (1977)

Eugene E. Drago, Plaintiff, v. Madeline Buonagurio, Individually and as Administratrix of The Estate of Francis Buonagurio, et al., Defendants.

Supreme Court, Special Term, Schenectady County.

January 21, 1977


Attorney(s) appearing for the Case

Carter, Conboy, Bardwell, Case & Blackmore (Randall J. Ezick of counsel), for Jerome D. Brownstein, defendant. Armand R. Riccio for plaintiff.


HAROLD J. HUGHES, J.

Defendant Jerome Brownstein has moved for dismissal of the complaint as to him on the ground that it fails to state a cause of action.

The complaint sets forth the following facts which, for the purposes of this motion, are deemed to be true. In December, 1974, plaintiff, a physician, was served with a summons and a complaint containing allegations that he and others committed malpractice...

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