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KANIECKI v. YOST

166 Misc.2d 408 (1995)

631 N.Y.S.2d 500

Gloria M. Kaniecki et al., Individually, as Parents and Natural Guardians and as Administrators of The Estate of Derek M. Kaniecki, Deceased, Plaintiffs, v. Murray A. Yost, Jr., et al., Defendants.

Supreme Court, Erie County.

August 28, 1995

Attorney(s) appearing for the Case

Maloney, Gallup, Roach, Brown & McCarthy, P. C. (Mary J. Murray of counsel), for Murray A. Yost, Jr., and another, defendants. Saperston & Day, P. C. (Cheryl A. Possenti of counsel), for Children's Hospital of Buffalo, Inc., defendant. Hallenbeck, Laxcell & Pineo (Heidi S. Martinez of counsel), for MDS Diagnostic Imaging Group, P. C., defendant. Offerman, Cassano, Pigott & Greco (Camille P. Wicher of counsel), for plaintiffs.

JOSEPH D. MINTZ, J.

All defendants move for summary judgment on the grounds that the complaint fails to state a cause of action recognized in New York. In addition, defendants Children's Hospital of Buffalo, Inc. (Children's) and MDS Diagnostic Imaging Group, Inc. (MDS) move for summary judgment on the grounds that the allegations of malpractice against them, even if true, did not proximately cause the injuries...

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