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LEE v. CITY OF NEW YORK

162 A.D.2d 34 (1990)

Joseph P. Lee, Individually and as Administrator of The Estate of Joseph J. Lee, Deceased, Respondent, v. City of New York et al., Appellants

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

October 9, 1990

Attorney(s) appearing for the Case

Peter L. Zimroth, Corporation Counsel (Larry A. Sonnenshein and Goldi S. Juer of counsel), for appellants.

Sullivan & Liapakis, P. C. (Edward P. Milstein, Stephen C. Glasser and Lawrence M. Karam of counsel), for respondent.

THOMPSON, J. P., and HARWOOD, J., concur with BALLETTA, J.; LAWRENCE, J., concurs in the result only.

BALLETTA, J.

On or about September 4, 1981, the defendant Dr. Henry Young performed a medical examination upon the plaintiff's decedent, Joseph J. Lee, for the defendant New York City Fire Department as part of the Fire Department's preemployment screening process. The medical examination included an electrocardiogram. The decedent was found qualified to be a firefighter, and was thereafter inducted into the...

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