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MONAHAN v. WEICHERT

82 A.D.2d 102 (1981)

William F. Monahan, Individually and as Executor of Mary E. Monahan, Deceased, Appellant, v. Harold R. Weichert, Respondent. (Appeal No. 1.) William F. Monahan, Individually and as Executor of Mary E. Monahan, Deceased, Appellant, v. St. Joseph's Hospital and Health Care Center, Respondent. (Appeal No. 2.)

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

July 9, 1981

Attorney(s) appearing for the Case

McCrone & Davis (Jeffrey M. McCrone of counsel), for appellants.

Martin, Ganotis & Brown, P. C. (John Ganotis of counsel), for Harold R. Weichert, respondent.

Hancock, Estabrook, Ryan, Shove & Hust (Frank Bersani, Jr., of counsel), for St. Joseph's Hospital, respondent.

DILLON, P. J., CALLAHAN, DOERR and MOULE, JJ., concur.

SCHNEPP, J.

In this medical malpractice case we consider primarily the problem of distinguishing the effect of the defendant Dr. Harold R. Weichert's alleged negligence from the natural results of plaintiff William F. Monahan's disease. Trial Term dismissed the complaint against Dr. Weichert at the end of the plaintiff's case concluding that there was insufficient evidence to permit the inference of proximate...

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