SCHULLER v. MARTINELLI


304 A.D.2d 967 (2003)

759 N.Y.S.2d 209

MARGHERITA SCHULLER, as Administrator of the Estate of MICHAEL SCHULLER, Deceased, Appellant, v. MICHAEL J. MARTINELLI et al., Respondents.

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

Decided April 10, 2003.


Rose, J.

After her husband (hereinafter decedent) died due to a myocardial infarction, plaintiff commenced this medical malpractice action claiming that defendants' repeated rescheduling of decedent's cardiac catheterization breached their duty to timely diagnose and treat him. Moving for summary judgment, defendants asserted that decedent himself had cancelled the catheterization and that he had refused to reschedule the appointment. Defendants also offered the affidavit...

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