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CRAMER v. BENEDICTINE HOSPITAL

301 A.D.2d 924 (2003)

754 N.Y.S.2d 414

STEPHEN CRAMER, as Administrator of the Estate of WILLIAM E. CRAMER, Deceased, Respondent, v. BENEDICTINE HOSPITAL, Defendant and Third-Party Plaintiff-Appellant. ALEXANDER MATAS et al., Third-Party Defendants-Respondents.

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

Decided January 23, 2003.

Kane, J.

On April 1, 1995, William E. Cramer (hereinafter decedent), a profoundly retarded 30-year-old male who resided in a group home, was taken by ambulance to defendant's emergency room in the City of Kingston, Ulster County, after allegedly choking on a corn cob that he swallowed, which he had managed to grab from the kitchen garbage. Decedent arrived at the emergency room, "drooling, [and] spitting large amounts of...

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