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BENNETT v. KNIPFING

262 A.D.2d 260 (1999)

692 N.Y.S.2d 403

PATRICIA M. BENNETT et al., Plaintiffs, v. DIANE M. KNIPFING et al., Defendants and Third-Party Plaintiffs-Respondents, et al., Defendants. SOUTHSIDE HOSPITAL et al., Third-Party Defendants; PETER J. PERICONI, Third-Party Defendant-Appellant. (And Other Titles.)

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

Decided June 1, 1999.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the appellant's motion for summary judgment dismissing the second third-party complaint insofar as asserted against him. That complaint alleges that the appellant committed acts of medical malpractice which proximately caused the death of the plaintiffs' decedent. Although the appellant's medical expert contended that the decedent was so gravely injured in an automobile accident that...

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