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McNULTY v. CITY OF NY

100 N.Y.2d 227 (2003)

792 N.E.2d 162

762 N.Y.S.2d 12

MARY ANN McNULTY, Respondent, v. CITY OF NEW YORK et al., Defendants, and ROBERT A. SHIMM et al., Appellants.

Court of Appeals of the State of New York.

Decided May 13, 2003.

Attorney(s) appearing for the Case

Bartlett, McDonough, Bastone & Monaghan, LLP, White Plains (Edward J. Guardaro, Jr. of counsel), for appellants.

O'Dwyer & Bernstien, New York City (Gary Silverman of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, WESLEY, ROSENBLATT, GRAFFEO and READ concur with Judge Smith; Chief Judge KAYE concurs in a separate opinion.

OPINION OF THE COURT

SMITH, J.

In this appeal, we are asked to decide whether defendant doctors owed a duty of care to plaintiff, a friend of a woman they treated for infectious meningitis who subsequently contracted the disease, based on the doctors' alleged negative answer to plaintiff's question whether she needed treatment after being in close contact with her friend. We find that the duty the doctors...

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