MUSHATT v. TOMPKINS CMTY. HOSP.


228 A.D.2d 925 (1996)

644 N.Y.S.2d 431

Marilyn Mushatt, Individually and as Parent and Guardian of Quandale Mushatt, an Infant, Appellant, v. Tompkins Community Hospital et al., Respondents

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

June 20, 1996


Casey, J.

In this medical malpractice action, plaintiff seeks to recover damages on behalf of herself and her infant child based upon allegations of negligence in the care and treatment rendered by defendant Tompkins Community Hospital and defendant Frank Flacco prior to and during plaintiff's labor and delivery of her child. After issue was joined, the parties proceeded with discovery, but Flacco died as a result of cancer prior to the date scheduled...

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