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GRZELECKI v. SIPPERLY

2 A.D.3d 939 (2003)

768 N.Y.S.2d 47

DANA GRZELECKI, Individually and as Administrator of the Estate of CHESTER R. GRZELECKI, Deceased, Respondent, v. STEPHEN F. SIPPERLY et al., Appellants, et al., Defendants.

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

December 4, 2003.

Mercure, J.

In June 1998, Chester R. Grzelecki (hereinafter decedent) sought medical treatment for shortness of breath from the emergency room located at defendant Ellis Hospital in the City of Schenectady, Schenectady County. Sergio Castillo, the physician who treated decedent, performed an examination and ordered several blood tests, a cardiogram and a chest X ray. Castillo made a diagnosis of an anxiety attack, prescribed Xanax and directed decedent to see his...

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