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  5. 56 A.D.2d 389 (1977)
 

NORR v. SPIEGLER

56 A.D.2d 389 (1977)

Charmaine Norr, Respondent, v. Enrique Spiegler, Defendant-Appellant and Third-Party Plaintiff-Appellant. City of New York et al., Third-Party Defendants-Respondents. (And Another Action.)

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

March 24, 1977

Attorney(s) appearing for the Case

Norman Bard of counsel (Steven C. Mandell with him on the brief; McAloon, Friedman, Mandell, Malang & Carroll, attorneys), for defendant-appellant and third-party plaintiff-appellant.

Bernard Burstein of counsel (L. Kevin Sheridan with him on the brief; W. Bernard Richland, Corporation Counsel), for third-party defendant and fourth-party plaintiff.

MURPHY and BIRNS, JJ., concur with SILVERMAN, J.; STEVENS, P. J., and LYNCH, J., dissent in part in an opinion by STEVENS, P. J.

SILVERMAN, J.

In this malpractice action against defendant and third-party plaintiff Dr. Enrique Spiegler, Dr. Spiegler interposed a third-party claim against the City of New York and against the New York City Health and Hospitals Corporation ("NYCHHC"). By cross notice of motion, Dr. Spiegler asked for summary judgment against said third-party defendants, and further, that said third-party defendants be directed...

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