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BERRY v. ST. PETER'S HOSP.

250 A.D.2d 63 (1998)

678 N.Y.S.2d 674

Mary T. Berry, Individually and as Conservator of the Property of Cornelius M. Berry, Conservatee, Appellant-Respondent, and Lucent Technologies, Inc., as Successor to AT&T, et al., Proposed Intervenors-Respondents-Appellants, v. St. Peter's Hospital of the City of Albany, Defendant, and Virginia M. Lazaro et al., Appellants-Respondents

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

October 8, 1998

Attorney(s) appearing for the Case

Harvey & Harvey, Harvey & Mumford, Albany (Brian F. Mumford of counsel), for Mary T. Berry, appellant-respondent.

Martin, Ganotis, Brown, Mould & Currie, P. C., DeWitt (Charles Patton of counsel), for Virginia M. Lazaro, appellant-respondent.

Carter, Conboy, Case, Blackmore, Napierski & Maloney, P. C., Albany (Gregory S. Mills of counsel), for Dennis Gort, appellant-respondent.

Thorn & Gershon, Albany (Paul J. Catone of counsel), for Patrick A. Fantauzzi and others, appellants-respondents.

Hinman, Straub, Pigors & Manning, P. C., Albany (Kimberly C. Lawrence of counsel), for Lucent Technologies, Inc., proposed intervenor-respondent-appellant.

Moran & d'Arcambal, New York City (Michelle J. d'Arcambal of counsel), for Metropolitan Life Insurance Company, proposed intervenor-respondent-appellant.

MERCURE, J. P., PETERS, SPAIN and GRAFFEO, JJ., concur.

CARPINELLO, J.

The basic facts leading up to the subject appeal are not in dispute. In September 1983, Cornelius M. Berry (hereinafter Berry) was a 41-year-old Capitol Police Officer for the State when he became ill and was admitted to defendant St. Peter's Hospital of the City of Albany for diagnostic tests, which included a fiber-optic bronchoscopy. Anesthetized during this procedure, Berry suffered a cardiac...

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