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GROVENGER v. LAB. PROCEDURES

132 A.D.2d 289 (1987)

Stanley K. Grovenger et al., Plaintiffs, v. Laboratory Procedures, Inc., et al., Respondents, and Capital Area Community Health Plan, Inc., Appellant, et al., Defendants. (And Third-Party and Related Actions.)

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

December 10, 1987

Attorney(s) appearing for the Case

Hesson, Ford & Whalen (Michael J. Hutter of counsel), for appellant.

Carter, Conboy, Bardwell, Case & Blackmore (Deborah A. Loncto of counsel), for Laboratory Procedures, Inc., and another, respondents.

CASEY, WEISS, YESAWICH, JR., and LEVINE, JJ., concur.

MAHONEY, P. J.

Plaintiff Stanley K. Grovenger (hereinafter plaintiff) was a participant in defendant Capital Area Community Health Plan, Inc. (hereinafter CHP) when, in May 1978, he consulted with defendant Dr. Jaime Posada, an employee of CHP, regarding a growth on his right shoulder. Posada recommended that plaintiff see a surgeon. Plaintiff was then examined by CHP's surgical unit and the growth was removed...

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