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ARBUTINA v. BAHULEYAN

75 A.D.2d 84 (1980)

Anne Arbutina, Individually and as Administratrix of The Estate of Joseph Arbutina, Deceased, Appellant, v. Kumaran Bahuleyan, Respondent. (Appeal No. 1.) Anne Arbutina, Individually and as Administratrix of The Estate of Joseph Arbutina, Deceased, Appellant, v. Raymond A. Hudson, Respondent. (Appeal No. 2.) Anne Arbutina, Individually and as Administratrix of The Estate of Joseph Arbutina, Deceased, Appellant, v. Sisters of Charity Hospital, Respondent. (Appeal No. 3.) Anne Arbutina, Individually and as Administratrix of The Estate of Joseph Arbutina, Deceased, Appellant, v. Cornelius J. O'Connell, Respondent. (Appeal No. 4.) Anne Arbutina, Individually and as Administratrix of The Estate of Joseph Arbutina, Deceased, Appellant, v. Gaspare Alfano, Respondent. (Appeal No. 5.)

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

May 23, 1980

Attorney(s) appearing for the Case

Dempsey & Dempsey (Helen Kaney Dempsey of counsel), for appellant.

Damon, Morey, Sawyer & Moot (Brian Fitzgerald of counsel), for Kumaran Bahuleyan, respondent.

Brown, Kelly, Turner, Hassett & Leach (Gordon David Tresch of counsel), for Anthony Hudson and others, respondents.

O'Shea, Adamson, Reynolds & Napier (William M. Martin of counsel), for Sisters of Charity Hospital, respondent.

CARDAMONE, J. P., SCHNEPP, CALLAHAN and WITMER, JJ., concur.

SIMONS, J.

Plaintiff seeks to recover damages for the conscious pain and suffering and wrongful death of her husband. Her complaint alleges causes of action in negligence and malpractice arising November 28, 1975 when decedent died while a patient at the defendant hospital and while under the care of defendant doctors. The conscious pain and suffering action was commenced within the statutory period but the wrongful...

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