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BAGAILUK v. WEISS

110 A.D.2d 284 (1985)

Shirley A. Bagailuk et al., Respondents, v. Henry W. Weiss, Appellant, et al., Defendants

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

October 17, 1985

Attorney(s) appearing for the Case

O'Connor, McGuiness, Conte, Doyle, Oleson & Collins (Dianne Bresee Mayberger of Carter, Conboy, Bardwell, Case & Blackmore of counsel), for appellant.

David Jaroslawicz and Abraham Jaros for respondents.

MAHONEY, P. J., CASEY, YESAWICH, JR., and HARVEY, JJ., concur.

MAIN, J.

On January 21, 1979, plaintiff Shirley A. Bagailuk (hereinafter plaintiff) appeared at the emergency room of the Hamilton Avenue Hospital (hereinafter Hamilton) in the Village of Monticello, Sullivan County, complaining of difficulty in breathing and of severe abdominal pains. She was seen by Dr. Carl K. Heins, a surgeon, who prescribed medication and sent plaintiff home. Four days later, plaintiff arrived at Hamilton again complaining of severe...

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