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DRAGO v. BUONAGURIO

46 N.Y.2d 778 (1978)

Eugene E. Drago, Respondent, v. Madeleine Buonagurio, as Administratrix of The Estate of Francis B. Buonagurio, Deceased, Defendant, and Jerome D. Brownstein, Appellant.

Court of Appeals of the State of New York.

Decided December 20, 1978.

Attorney(s) appearing for the Case

James S. Carter and William P. Soronen, Jr., for appellant.

Harold E. Blodgett for respondent.

J. Richard Burns, James F. Johnson, 4th, and Michael A. Ellenberg for The Medical Society of the State of New York, amicus curiae.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the order of Special Term granting defendant Brownstein's motion to dismiss the complaint as against him for failure to state a cause of action reinstated.

The allegations of the complaint are described in the opinions at Special Term and in the Appellate Division. We agree with those courts, and for the reasons stated by them, that...

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