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MED MALPRACTICE v. LIABILITY

86 A.D.2d 476 (1982)

Medical Malpractice Insurance Association, Appellant, v. Medical Liability Mutual Insurance Company, Respondent

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

May 18, 1982

Attorney(s) appearing for the Case

Norman Bard, P. C., for appellant.

Howard R. Cohen of counsel (Barry G. Saretsky with him on the brief; Bower & Gardner, attorneys), for respondent.

MURPHY, P. J., KUPFERMAN, CARRO and LUPIANO, JJ., concur.

SULLIVAN, J.

On December 5, 1976 Daniel Rockwell was admitted to the cardio-pulmonary service of the Upstate Medical Center, State University of New York, which is maintained by the State of New York.

The next day he underwent a surgical procedure during the course of which, while under anesthesia, he suffered cardiac arrest with resultant brain damage.

In July, 1977, Rockwell, an adult incapable...

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