KANE v. CITY OF NEW YORK


137 A.D.2d 658 (1988)

Michelle Kane et al., as Coadministrators of Sam Berkowitz, Deceased, Respondents, v. City of New York et al., Respondents, and Robert Oakes, Appellant

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

February 16, 1988


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint and all cross claims are dismissed as against the defendant Oakes.

Dr. Oakes, whose practice consists solely of house calls, undertook to treat the plaintiffs' decedent on April 30, 1980. According to the allegations of Dr. Oakes and the recollection of the decedent's widow, the decedent's sole complaint was of pain in his left elbow. The decedent's medical history...

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