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BERRY v. ST. PETER'S HOSP.

173 Misc.2d 214 (1997)

660 N.Y.S.2d 795

Mary T. Berry, Individually and as the Conservator of the Property of Cornelius M. Berry, Conservatee, Plaintiff, v. St. Peter's Hospital of the City of Albany et al., Defendants. Metropolitan Life Insurance Company et al., Plaintiffs-Intervenors.

Supreme Court, Albany County.

May 29, 1997

Attorney(s) appearing for the Case

Moran & D'Arcambal, New York City (Michelle D'Arcambal of counsel), for Metropolitan Life Insurance Company, plaintiff-intervenor. Hinman, Straub, Pigors & Manning, P. C., Albany (Kimberly Lawrence of counsel), for Lucent Technologies, Inc., plaintiff-intervenor. Harvey & Harvey, Harvey & Munford, Albany (Brian F. Mumford and Jonathan Harvey of counsel), for plaintiff. Martin, Ganotis, Brown, Mould & Currie, DeWitt (Charles E. Patton of counsel), for Virginia M. Lazaro, defendant. Carter, Conboy, Case, Blackmore, Napierski & Maloney, P. C., Albany (Gregory Mills of counsel), for Dennis Gort, defendant. Thorn & Gershon, Albany (Richard Gershon of counsel), for Judy Zulick and others, defendants.

JOSEPH HARRIS, J.

The context of this motion is a medical malpractice action in which Metropolitan Life Insurance Company (hereinafter Metropolitan or Met Life) and Lucent Technologies, Inc. (hereinafter Lucent) move to intervene as plaintiffs, pursuant to CPLR 1012, or, alternatively, CPLR 1013, to protect their subrogation rights against plaintiff and defendants. The plaintiff and defendants all oppose the...

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