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BROOKING v. POLITO

16 A.D.3d 898 (2005)

791 N.Y.S.2d 686

WILLIAM F. BROOKING, SR., Individually and as Executor of THERESA A. BROOKING, Appellant, v. JOSEPH M. POLITO et al., Respondents, et al., Defendants.

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

March 17, 2005.

Peters, J.

In this medical malpractice action, plaintiff, on behalf of decedent, seeks to recover both compensatory and punitive damages against defendants Joseph M. Polito and Albany Gastroenterology Consultants (hereinafter collectively referred to as defendants) for their failure to, among other things, timely diagnose her cancerous condition; she died in February 2004 from metastic pancreatic cancer. In this motion seeking partial dismissal

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