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BATTAGLIA v. JAFRI

84 A.D.2d 773 (1981)

Joseph Battaglia, Individually and as Administrator of The Estate of Robert R. Battaglia, Deceased, Respondent, v. Mumtaz Jafri et al., Defendants, and Mary Elmasry, as Executrix of Ibrahim Elmasry, Deceased, Doing Business as House Calls, Inc., Appellant. (And a Third-Party Action.)

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

November 16, 1981

Order affirmed, without costs or disbursements, without prejudice to a renewal of appellant's motion if she be so advised, after discovery has been completed.

The verified complaint alleges that on or about July 21, 1977 the appellant's testator, Dr. Elmasry, operated a business known as House Calls, Inc., at 3802 14th Avenue, Brooklyn, and assigned physicians to answer emergency house calls from persons who were sick and...

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