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MATHIEU v. STATE OF NEW YORK

267 A.D.2d 284 (1999)

699 N.Y.S.2d 903

MARSHA MATHIEU, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided December 13, 1999.

Ordered that the judgment is affirmed, without costs or disbursements.

The determination of the court, which credited the testimony of the defendant's medical expert that the decedent's death was the result of coronary artery disease and was not related to the defendant's negligence in administering an antibiotic to which the decedent was allergic, was based upon a fair interpretation of the evidence and was not against the weight of the

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