MILLER v. SULLIVAN


214 A.D.2d 822 (1995)

625 N.Y.S.2d 102

Caroline Miller, Individually and as Executrix of Leonard Miller, Deceased, Appellant, v. James M. Sullivan, Respondent

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

April 13, 1995


Cardona, P. J.

This medical malpractice action stems from a cardiac arrest suffered by Leonard Miller (hereinafter decedent), a dentist, at 1:30 P.M. on July 11, 1986 while waiting to see defendant, a physician, at his office located at St. Peter's Hospital in the City of Albany. Decedent had telephoned defendant, his friend, that morning between 9:30 and 10:00 A.M. from his dental office stating, according to defendant, that he was having back pain....

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