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FANELLI v. ADLER

131 A.D.2d 631 (1987)

Frank Fanelli et al., Respondents, v. Merwin S. Adler, Appellant, et al., Defendant

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

June 15, 1987

Ordered that the order is affirmed, with costs.

In this case, the plaintiffs allege that the defendant Dr. Jeffrey L. Adler treated the plaintiff Frank Fanelli for a foot problem and committed malpractice in the course of such treatment. The plaintiffs further contend that at the time of the alleged malpractice, the defendants Dr. Jeffrey L. Adler and Dr. Merwin S. Adler were partners in fact or by estoppel. Merwin Adler asserted in a counterclaim that he never treated...

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