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RODRIGUEZ v. CITY OF NEW YORK

169 A.D.2d 532 (1991)

Pablo Rodriguez, Sr., Individually and as Administrator of The Estate of Pablo Rodriguez, Jr., Deceased, Respondent, v. City of New York et al., Appellants, and Misericordia Hospital Medical Center, Respondent

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

January 22, 1991

This is an action to recover damages for personal injuries and wrongful death arising out of defendants' medical malpractice. The decedent died on August 4, 1981. Plaintiff served the municipal defendants with notices of claim on or about December 7, 1981 and thereafter, on or about August 24, 1982, commenced this action. In denying the municipal defendants' motion to dismiss the cause of action alleging conscious pain and suffering for failure to state a cause of action...

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