MEATH v. MISHRICK


68 N.Y.2d 992 (1986)

Jonathan Meath et al., as Coadministrators of The Estate of Ellen R. Meath, Deceased, Appellants, v. Abdullah H. Mishrick, Defendant, and Joseph Tagliamonti et al., Respondents.

Court of Appeals of the State of New York.

Decided November 25, 1986.


Attorney(s) appearing for the Case

Alice F. Collopy and Paul A. Krez for appellants.

Andrea M. Alonso and Patricia D'Alvia for Joseph Tagliamonti, respondent.

E. Richard Rimmels, Jr., and Donald S. Neumann, Jr., for St. Francis Hospital, respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, ALEXANDER, TITONE and HANCOCK, JR., concur; Judge KAYE taking no part.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In January 1977 decedent, a patient of Dr. Mishrick, was admitted to St. Francis Hospital (the Hospital) for removal of a growth behind her left ear. Dr. Tagliamonti, a pathologist at St. Francis Hospital, examined a sample of that tissue on January 28, 1977 and reported that he found no malignant cells; decedent was discharged the same...

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