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SHERMAN v. POLLACK

110 A.D.2d 833 (1985)

Karen Sherman et al, Respondents, v. Stephen Pollack, Appellant

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

April 22, 1985

Order reversed, on the law, with costs, motion granted and complaint dismissed.

It is undisputed that defendant was not the physician who treated plaintiff Karen Sherman on April 16, 1979, the date upon which the acts occurred which allegedly constitute the basis for the malpractice claim. Further, plaintiffs have not set forth any facts upon which defendant may be held vicariously liable for the actions of the physician...

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