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SALCH v. PARATORE

60 N.Y.2d 851 (1983)

John B. Salch, Appellant, v. Louis Paratore et al., Respondents.

Court of Appeals of the State of New York.

Decided November 3, 1983.

Attorney(s) appearing for the Case

Richard S. Scanlan for appellant.

Thomas V. Svogun for Louis Paratore, respondent.

Myra I. Packman for Vassar Brothers Hospital, respondent.

John J. Pilkington for Isidro Ferrando, respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division should be modified to reverse the dismissal of the complaint against defendant Louis Paratore and as to him to remit to the Appellate Division to consider the matter in the exercise of the discretion granted by CPLR 2005 and, as so modified, the order should be affirmed.

With respect to the medical malpractice defendants, Vassar Brothers Hospital and Dr. Isidro Ferrando...

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