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KENNEDY v. MCKESSON CO.

58 N.Y.2d 500 (1983)

David J. Kennedy, Appellant, v. McKesson Co. et al., Respondents, et al., Defendant.

Court of Appeals of the State of New York.

Decided March 31, 1983.

Attorney(s) appearing for the Case

Paul R. Shanahan for appellant.

Catherine A. Gale for McKesson Company, respondent.

William L. Allen, Jr., for Norton-Starr, Inc., respondent.

Chief Judge COOKE and Judges JONES and WACHTLER concur with Judge MEYER; Judge JASEN dissents in part and votes to reverse in a separate opinion in which Judge FUCHSBERG concurs; Judge FUCHSBERG dissents in part in another opinion; Judge SIMONS taking no part.

MEYER, J.

A complaint which alleges that plaintiff, a dentist, delivered to defendants for repair an anesthetic machine he had purchased from them, that defendants were negligent in replacing the color-coded decals on the machine with the result that, intending to administer oxygen to a patient, plaintiff in fact administered nitrous oxide, causing the death of the...

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