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DePESA v. WESTCHESTER SQUARE MED. CTR.

248 A.D.2d 322 (1998)

670 N.Y.S.2d 99

Joyce DePesa, as Administratrix of The Estate of Ruth Durant, Deceased, Respondent, v. Westchester Square Medical Center, Appellant

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

March 31, 1998

Since plaintiff's expert's opinion presented an issue of fact as to whether fluid overload in decedent's system was a cause of her death, there is a triable issue as to whether the treatment rendered by nonparty Jacobi Hospital was an intervening cause, superseding, as a matter of law, any liability of defendant arising from defendant's emergency room treatment 20 days earlier.

We have considered plaintiff's contentions...

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