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GITTINO v. LCA VISION, INC.

301 A.D.2d 847 (2003)

753 N.Y.S.2d 579

GERALDINE GITTINO et al., Appellants, v. LCA VISION, INC., Doing Business as LASIK PLUS VISION CENTER, et al., Respondents.

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

Decided January 16, 2003.

Peters, J.

On April 1, 2000, defendant Robert E. Brass performed laser surgery upon plaintiffs at the business premises of defendant LCA Vision, Inc. (hereinafter LCA) in Albany County. Due to injuries allegedly sustained by plaintiffs as a result of the surgery, the instant action was commenced against defendants. Following joinder of issue, Brass moved, and LCA cross-moved, for an order pursuant to CPLR 603 severing plaintiffs' claims. Supreme Court granted defendants...

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