INNVAR v. SCHAPIRA


166 A.D.2d 632 (1990)

Mary C. Innvar, Individually and as Executrix of Arne Innvar, Deceased, Plaintiff, v. Liviu Schapira, M.D., P. C., et al., Appellants, and Gary Piccione, Respondent

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

October 22, 1990


Ordered that the judgment is reversed insofar as appealed from, with costs, and that branch of the motion of the defendant Piccione which was to dismiss the cross claim is denied.

The plaintiff's decedent, who died in October 1982, was treated by the defendant Piccione in February and July of 1982, and was apparently given instructions upon his last visit to return if he did not improve. Rather than do so, the decedent consulted...

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