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KENNY v. LESSER

281 A.D.2d 853 (2001)

722 N.Y.S.2d 302

CHARLES KENNY, JR., Respondent, v. F. RICHARD LESSER et al., Appellants, et al., Defendant.

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

Decided March 22, 2001.

Carpinello, J.

On October 11, 1993, plaintiff's three-year-old thoroughbred race horse underwent arthroscopic surgery for removal of a chip fracture in his right front fetlock at defendant Equine Clinic at Oakencroft in Albany County (hereinafter the clinic). The surgery was performed by an out-of-State surgeon, defendant Earl M. Gaughan, who was assisted by defendant F. Richard Lesser, a veterinarian and co-owner of the...

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