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ALMOND v. TOWN OF MASSENA

237 A.D.2d 94 (1998)

667 N.Y.S.2d 475

Marcel Almond, Individually and as Administrator of The Estate of Lisa A. Almond, Deceased, Respondent, v. Town of Massena et al., Defendants, and Jayant Jhaveri, Appellant

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

January 8, 1998

Attorney(s) appearing for the Case

Brown & Tarantino, Buffalo (Ann M. Campbell and John M. Visco of counsel), for appellant.

Poissant & Nichols, P. C., Malone (Joseph P. Nichols of counsel), for respondent.

MIKOLL, J. P., CREW III, PETERS and CARPINELLO, JJ., concur.

WHITE, J.

Lisa A. Almond (hereinafter decedent) presented herself at defendant Massena Memorial Hospital Emergency Room on August 2, 1993 suffering from an asthma attack. She received treatment in the emergency room and later that night was admitted to the hospital's intensive care unit by her personal physician, defendant Jayant Jhaveri. Unfortunately, decedent sustained a respiratory arrest on August 3, 1993...

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