INGRAHAM v. CARROLL


90 N.Y.2d 592 (1997)

687 N.E.2d 1293

665 N.Y.S.2d 10

Richard H. Ingraham, Individually and as Executor of Alison S. Ingraham, Deceased, Appellant, v. James Carroll et al., Defendants, and Frederick Loy, Respondent.

Court of Appeals of the State of New York.

Decided October 21, 1997.


Attorney(s) appearing for the Case

Beck, Salvi, Gewurz & Strauss, P. L. L. C., Garden City (Leland Stuart Beck of counsel), for appellant.

Donohue, Sabo, Varley & Armstrong, P. C., Albany (Kathleen L. Werther of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, SMITH and WESLEY concur with Judge LEVINE; Judge BELLACOSA dissents and votes to reverse in a separate opinion in which Judge CIPARICK concurs.


LEVINE, J.

Appellant commenced this wrongful death action seeking damages related to the injuries sustained by his late wife, Alison S. Ingraham, allegedly as a result of the negligence and medical malpractice of respondent Dr. Frederick Loy and two other physicians, Dr. James Carroll and Dr. Jon Porter. The uncontroverted facts, as set forth in the parties' papers, are as follows.

Respondent Loy is a...

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