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MARISTANY v. PATIENT SUPPORT SERVICES, INC.

264 A.D.2d 302 (1999)

693 N.Y.S.2d 143

SANTIAGO MARISTANY et al., Respondents, v. PATIENT SUPPORT SERVICES, INC., Appellant, and CONNIE TERRY, Respondent, et al., Defendants.

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

Decided August 5, 1999.

By contract dated January 29, 1994, plaintiff Margarita Maristany retained the services of PSS to furnish a night-shift (8:00 P.M. to 8:00 A.M.) attendant for her husband Santiago, a post-operative brain surgery patient at defendant Presbyterian Hospital. That contract provided in relevant part, verbatim, as follows: "P.S.S., Inc. only service obligation is to arrange for a qualified caregiver in the skill listed above. Such caregiver shall perform only services commonly...

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