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KELLOGG v. OFFICE OF THE CHIEF MEDICAL EXAMINER OF THE CITY OF NEW YORK

24 A.D.3d 376 (2005)

806 N.Y.S.2d 528

JOHN KELLOGG, as Administrator of the Estate of JUNIUS KELLOGG, Deceased, Respondent-Appellant, v. OFFICE OF THE CHIEF MEDICAL EXAMINER OF THE CITY OF NEW YORK et al., Appellants-Respondents.

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

December 29, 2005.

Decedent Junius Kellogg, a Harlem Globetrotter and former star center on the Manhattan College basketball team, was rendered a quadriplegic in a car accident in Arkansas in 1954. Thereafter, he was confined to a wheelchair. Subsequently, Kellogg was a patient at Bronx Veterans Hospital on several occasions, with admissions in 1987, 1992, 1997 and 1998.

Kellogg's 1998 admission to the hospital occurred on May 8, at which...

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