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WOLEBEN v. SUTARIA, M.D.

34 A.D.3d 1295 (2006)

825 N.Y.S.2d 860

WENDY L. WOLEBEN, Individually and as Administratrix of the Estate of MARILYN J. NOFTSKER, Deceased, Appellant, v. PRAGNA B. SUTARIA, M.D., et al., Defendants, and THOMAS L. GREER, M.D., Respondent.

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

Decided November 17, 2006.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied, the complaint against defendant Thomas L. Greer, M.D. is reinstated and the second affirmative defense insofar as it concerns that defendant is dismissed.

Memorandum:

Plaintiff commenced this action to recover damages for the personal injuries sustained by Marilyn J...

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