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WATKINS v. LABIAK

282 A.D.2d 601 (2001)

723 N.Y.S.2d 227

DONNA M. WATKINS, Individually and as Administrator of the Estate of JOHN R. WATKINS, Deceased, Respondent, v. JOHN LABIAK et al., Appellants.

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

Decided April 16, 2001.

Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, those branches of the separate motions of the defendants John Labiak and Richard Moore and the motion of the defendant Good Samaritan Hospital Medical Center which were for summary judgment dismissing the cause of action to recover damages for wrongful death insofar as asserted against them are granted, and that cause of action is dismissed...

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