DRAGO v. BUONAGURIO


109 Misc.2d 192 (1981)

Eugene E. Drago, Plaintiff, v. Madeline Buonagurio, Individually and as Administratrix of The Estate of Francis Buonagurio, Deceased, Defendant.

Supreme Court, Schenectady County.

June 4, 1981


Attorney(s) appearing for the Case

Bloomberg & Santola (John D. Chestara of counsel), for defendant. Joseph A. Drago for plaintiff.


HAROLD J. HUGHES, J.

The defendant Madeline Buonagurio moves for an order dismissing the complaint for failure to state a cause of action or, in the alternative, for summary judgment.

This is an action by a physician seeking to recover damages allegedly sustained as the result of the institution of a baseless medical malpractice action. The identical complaint was before this court upon the motion of a codefendant, Mrs. Buonagurio's attorney,...

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