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MEGRELISHVILI v. OUR LADY

291 A.D.2d 18 (2002)

739 N.Y.S.2d 2

IRINA M. MEGRELISHVILI et al., Respondents-Appellants, v. OUR LADY OF MERCY MEDICAL CENTER, Appellant-Respondent.

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

February 19, 2002.

Attorney(s) appearing for the Case

Henry Schwartz, New York City, for respondents-appellants.

Edward J. Guardaro, Jr., of counsel, White Plains (Bartlett, McDonough, Bastone & Monaghan, LLP, attorneys), for appellant-respondent.

NARDELLI, J.P., MAZZARELLI, SAXE and RUBIN, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

Plaintiffs Irina Mitauer Megrelishvili (plaintiff) and her husband, who asserts a derivative claim for loss of services, seek to recover damages for personal injuries sustained by plaintiff as a result of surgery performed on her on July 21, 1993 by Manuel F. Chiuten, M.D. The case against defendant, Our Lady of Mercy Medical Center (OLM), where Dr. Chiuten was a private attending physician and where the surgery was performed...

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