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BELL v. JOLLY

173 Misc.2d 273 (1997)

660 N.Y.S.2d 820

Lorraine Bell, Individually and as Administratrix of The Estate of Vincent M. Moscati, Deceased, Plaintiff, v. George A. Jolly et al., Defendants.

Supreme Court, Saratoga County.

June 30, 1997

Attorney(s) appearing for the Case

O'Dwyer & Bernstien, New York City, for plaintiff. Feldman & Kleidman, Fishkill, for George A. Jolly, defendant. Martin, Ganotis, Brown, Mould & Currie, DeWitt, for Joseph B. Cavallaro and another, defendants. Thuillez, Ford, Gold & Connolly, Albany, for Saratoga Hospital, defendant.

WILLIAM H. KENIRY, J.

In this wrongful death action predicated upon a claim of medical malpractice, an issue has arisen over the procedural steps which the plaintiff administratrix c.t.a. must follow in order to finalize a settlement of the action. The issue appears to be one of first impression.

The case was scheduled for trial to begin January 13, 1997. A settlement was reached on that day...

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