WAITERS v. NEW YORK CITY HEALTH & HOSPS. CORP.


80 A.D.2d 880 (1981)

Isiah Waiters, Individually and as Administrator of The Estate of Mary Waiters, Deceased, Respondent, v. New York City Health and Hospitals Corporation, Appellant

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

March 23, 1981


Motion denied.

On this court's own motion, its decision and order, both dated August 4, 1980, are recalled and vacated, and the following decision is substituted. In a wrongful death action predicated upon medical malpractice, defendant appeals from an order of the Supreme Court, Kings County, dated September 11, 1979, which (1) denied its motion to dismiss the complaint inand for loss of services, and (2) granted plaintiff's cross motion for leave to serve and file...

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