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PIGNO v. BUNIM

69 A.D.2d 1026 (1978)

Francis Pigno, an Infant, by His Guardian ad Litem, Vincent Pigno, Respondent, v. Louis Bunim et al., Respondents, and Israel L. Schmierer, Defendant and Third-Party Plaintiff-Appellant. Maimonides Hospital et al., Third-Party Defendants-Respondents

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

October 12, 1978

In De Felice, supra, this court stated: "We disapprove the holding in Pigno v Bunim (NYLJ, Sept. 8, 1977, p 12, col 2) insofar as it is contrary to the reasoning of Special Term herein." In the De Felice case, the third-party defendant St. John's Episcopal Hospital moved for summary judgment dismissing the third-party complaint of a Dr. Howard A. English upon the ground that another action by the plaintiff De Felice against the hospital itself...

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