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OELSCHLAGEL v. UNITED PARCEL SERVICE

23 A.D.3d 359 (2005)

804 N.Y.S.2d 765

HERBERT OELSCHLAGEL, Plaintiff, v. UNITED PARCEL SERVICE et al., Defendants and Third-Party Plaintiffs-Appellants. BURTON L. SEKULER, Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

November 7, 2005.

Ordered that the order is affirmed, with costs.

"Although physicians owe a general duty of care to their patients, that duty may be limited to those medical functions undertaken by the physician and relied on by the patient" (Boone v North Shore Univ. Hosp. at Forest Hills, 12 A.D.3d 338, 339 [2004]; see Wasserman v Staten Is. Radiological Assoc., 2 A.D.3d 713, 714 [2003]). The third...

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