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CAVEZZA v. GARDNER

176 A.D.2d 911 (1991)

Barbara Cavezza et al., Respondents, v. Roslyn Gardner, Appellant, Josephine DiMarco, Respondent, et al., Defendants

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

October 28, 1991

Ordered that the order is affirmed insofar as appealed from, with costs to the defendant-respondent.

From 1967 until 1979, Josephine DiMarco, M.D., and Roslyn Gardner, M.D., practiced obstetrics together at the same office in Queens, New York. The infant plaintiff, who was delivered by DiMarco, brought this action against DiMarco and Gardner both individually and as partners. Gardner successfully moved for dismissal of the causes of action asserted against her individually...

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