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CAMPANELLI v. FLUSHING ULTRASOUND SERVICES, INC.

287 A.D.2d 428 (2001)

730 N.Y.S.2d 543

CAROL CAMPANELLI, Respondent, v. FLUSHING ULTRASOUND SERVICES, INC., Appellant, et al., Defendants. (Action No. 1.) MEDICAL MALPRACTICE INSURANCE ASSOCIATION et al., Respondents, v. COUNTY OF NASSAU, Appellant, et al., Defendants. (Action No. 2.)

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

Decided October 1, 2001.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the plaintiffs payable by the appellants, and the matters are remitted to the Supreme Court, Nassau County, for the entry of a judgment in Action No. 2 declaring that the County of Nassau has the duty to defend and indemnify Andresito Pacis in Action No. 1.

The plaintiff in Action No. 1, Carol Campanelli, had a mammogram performed at the defendant Nassau County Department of Health...

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