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BOTWINICK v. OGDEN

87 A.D.2d 293 (1982)

Sylvia Botwinick et al., Appellants, v. Herbert S. Ogden et al., Respondents, et al., Defendants

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

June 15, 1982

Attorney(s) appearing for the Case

Emilio Nunez of counsel (Pamela Anagnos Liapakis with him on the brief; Lipsig, Sullivan & Liapakis, P. C.), for appellants.

Marshal S. Endick of counsel (Wilson, Elser, Edelman & Dicker, attorneys), for respondents.

ROSS, J. P., CARRO, LUPIANO and FEIN, JJ., concur.

MILONAS, J.

Plaintiffs-appellants commenced an action against Conde Nast Publications, Inc. (Conde Nast), Dr. Herbert Ogden, and others for personal injuries allegedly sustained by plaintiff Sylvia Botwinick as a result of medical malpractice which occurred during the time she worked for Conde Nast. In September of 1977, Conde Nast offered its employees, including Botwinick, the opportunity to have chest X rays taken and reviewed as part of a general...

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