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ANDERSON v. GOOD SAMARITAN

194 Misc.2d 171 (2002)

752 N.Y.S.2d 815

MICHELLE ANDERSON, Plaintiff, v. HOUSE OF THE GOOD SAMARITAN HOSPITAL et al., Defendants.

Supreme Court, Jefferson County.

December 5, 2002.

Attorney(s) appearing for the Case

Smith, Sovik, Kendrick & Sugnet, P.C. (Kevin E. Hulslander of counsel), for David T. Gavan, M.D., defendant.

Carroll, Carroll, Davidson, Franklin & Young (John Benjamin Carroll of counsel), for plaintiff.

Amdursky, Pelky, Fennell & Wallen, P.C. (Timonthy J. Fennell of counsel), for House of the Good Samaritan Hospital, defendant.

Conboy, McKay, Bachman & Kendall, LLP (Stephen W. Gebo of counsel), for Mercy Hospital of Watertown, doing business as Mercy Center for Health Services, doing business as Community Mental Health Center, defendant.

O'Connor, O'Connor, Mayberger & First, P.C. (Dennis First of counsel), for Maritza Santana, M.D., defendant.

OPINION OF THE COURT

PETER A. SCHWERZMANN, J.

This decision and order addresses motions requesting summary judgment as to defendant David T. Gavan, M.D., who seeks an order granting summary judgment on the basis that plaintiff failed to serve a notice of claim within the statutory time period, dismissing plaintiff's strict and absolute liability claims, and striking the allegations regarding Dr. Gavan's employment history, medical condition and licensing...

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