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CURTIS v. LOPEZ

266 A.D.2d 179 (1999)

697 N.Y.S.2d 327

ANDREW P. CURTIS, Respondent, v. JOSEPH I. LOPEZ et al., Defendants, and WINTHROP UNIVERSITY HOSPITAL, Defendant and Third-Party Plaintiff-Respondent-Appellant. CHARLES STEWART, Third-Party Defendant-Appellant-Respondent.

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

Decided November 1, 1999.

Ordered that the order is reversed insofar as appealed and cross-appealed from, on the law, without costs or disbursements, the motion of Charles Stewart is granted, that branch of the cross motion of Winthrop University Hospital which was for summary judgment dismissing the cause of action asserted against it based on the alleged malpractice of Charles Stewart is granted, the third-party complaint is dismissed, and the cause of action against Winthrop University Hospital...

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