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LoDICO v. CAPUTI

129 A.D.2d 361 (1987)

Ronald LoDico et al., Respondents, v. Robert A. Caputi, Appellant, et al., Defendants

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

July 10, 1987

Attorney(s) appearing for the Case

Damon & Morey (Barbara L. Schifeling and Carmen P. Tarantino of counsel), for appellant.

Gordon, Feldman & Cooper (Timothy J. Cooper of counsel), for respondents.

DILLON, P. J., BALIO and DAVIS, JJ., concur with CALLAHAN, J.; GREEN, J., dissents and votes to affirm in a separate opinion.

CALLAHAN, J.

Defendant Robert A. Caputi, M.D., appeals from an order which denied his motion seeking to dismiss the complaint in this medical malpractice action as against him for failure to state a cause of action.

The essential facts are not in dispute. On or about May 5, 1983, plaintiff Ronald LoDico, during the course of his employment by the Dunkirk and Fredonia Telephone Company, was using a hand...

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