FIGUEROA v. FLATBUSH WOMEN'S SERVS., INC.


222 A.D.2d 398 (1995)

634 N.Y.S.2d 518

Maria Figueroa, Plaintiff, v. Flatbush Women's Services, Inc., et al., Defendants, and Alonzo Sherman, Defendant and Third-Party Plaintiff-Respondent. Rocco D'Onofrio, Third-Party Defendant-Appellant, et al., Third-Party Defendant

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

December 4, 1995


Ordered that the order dated June 9, 1994, is reversed, on the law, with costs, the appellant's motion for summary judgment dismissing the second third-party complaint is granted, the cross motion of the defendant first and second third-party plaintiff is denied, and the second third-party complaint is dismissed.

The appellant asserted in a sworn affidavit that he was not present and did not administer anesthesia during the abortion procedure upon the plaintiff, Maria...

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