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McDONNELL v. CHELSEA MANUFACTURERS, INC.

259 A.D.2d 674 (1999)

687 N.Y.S.2d 172

SHEILA McDONNELL et al., Respondents, v. CHELSEA MANUFACTURERS, INC., et al., Defendants and Third-Party Plaintiffs-Respondents-Appellants, and FRANK M. ESEMPLARE et al., Respondents. CIBA-GEIGY CORPORATION, Third-Party Defendant; FRANCIS D. O'MALLEY et al., Third-Party Defendants-Appellants-Respondents. (Action No. 1.) SHEILA McDONNELL et al., Respondents, v. CIBA-GEIGY CORPORATION, Defendant, and FRANCIS D. O'MALLEY et al., Appellants. (Action No. 2.)

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

Decided March 22, 1999.

Ordered that the order is affirmed, with one bill of costs to the plaintiffs.

In May 1989 the plaintiff Sheila McDonnell sought treatment from the defendant Frank Michael Esemplare, M.D., an internist, for a pain in her left shoulder. In August, after diagnosis and treatment by Esemplare failed to bring the desired results, Esemplare referred Sheila McDonnell to the defendant Francis D. O'Malley, M.D., an orthopedic surgeon. O'Malley prescribed a one week regimen...

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