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POLLICINA v. MISERICORDIA CTR

187 A.D.2d 217 (1993)

Gerald A. Pollicina, as Administrator of The Estate of Barbara A. Pollicina, Deceased, Appellant, v. Misericordia Hospital Medical Center et al., Defendants, and Hospital of the Albert Einstein College of Medicine, Respondent

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

February 9, 1993

Attorney(s) appearing for the Case

Fred R. Profeta, Jr., of counsel, New York City (Profeta & Eisenstein, attorneys), for appellant.

Nancy Ledy Gurren of counsel, New York City (Bower & Gardner, attorneys), for respondent.

CARRO, J. P., ELLERIN, WALLACH and KUPFERMAN, JJ., concur.

MILONAS, J.

Plaintiff appeals from a resettled judgment which, following a jury verdict in favor of plaintiff, reduced the amount payable by defendant Hospital of the Albert Einstein College of Medicine to zero based upon setoffs pursuant to General Obligations Law § 15-108. In that regard, in this medical malpractice and wrongful death action, the jury determined that plaintiff was entitled to $5 million...

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