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POLLICINA v. MISERICORDIA CTR

82 N.Y.2d 332 (1993)

624 N.E.2d 974

604 N.Y.S.2d 879

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

Court of Appeals of the State of New York.

Decided November 18, 1993.

Attorney(s) appearing for the Case

Bower & Gardner, New York City (Nancy Ledy Gurren and Judith A. Davidow of counsel), for appellant.

Profeta & Eisenstein, New York City (Fred R. Profeta, Jr., and Michael J. Orlofsky of counsel), and Theodore H. Friedman, P. C., for respondent.

Chief Judge KAYE and Judges SIMONS, HANCOCK, JR., BELLACOSA, SMITH and LEVINE concur.

TITONE, J.

In this medical malpractice action against multiple defendants, plaintiff has recovered a judgment for wrongful death and has been awarded damages, as reduced by the trial court and affirmed by the Appellate Division, against the only nonsettling defendant, Albert Einstein College of Medicine (Einstein). The primary issue in this case, as in the companion cases (Didner v Keene Corp.,

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