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DOE v. WESTFALL HEALTH CTR.

303 A.D.2d 102 (2002)

755 N.Y.S.2d 769

THERESA DOE, Individually and as Administratrix of the Estate of KATHERINE DOE, Deceased, Appellant, v. WESTFALL HEALTH CARE CENTER, INC., et al., Respondents, et al., Defendant.

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

December 30, 2002.

Attorney(s) appearing for the Case

Redmond & Parrinello, LLP, Rochester (John R. Parrinello of counsel), for appellant.

Rupp, Baase, Pfalzgraf & Cunningham LLC, Buffalo (Jeffrey F. Baase of counsel), for Westfall Health Care Center, Inc., respondent.

Ward Norris Heller & Reidy LLP, Rochester (Harold A. Kurland of counsel), for University of Rochester, respondent.

GREEN, SCUDDER, BURNS and GORSKI, JJ., concur.

OPINION OF THE COURT

PIGOTT, JR., P.J.

Plaintiff commenced these actions individually and as administratrix of the estate of her daughter, Katherine, who died in March 1997. During the 12 years before her death, Katherine was in a chronic vegetative state as the result of a head injury she sustained in an automobile accident. Plaintiff was appointed conservator for her daughter in 1986, and in 1995 she signed an admission agreement to have her daughter admitted...

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