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VASSELL v. MAGNO

30 A.D.3d 406 (2006)

818 N.Y.S.2d 118

WAYNE VASSELL, Respondent, v. ANGELO MAGNO et al., Appellants, et al., Defendants.

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

June 6, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

The appellants, Angelo Magno and Angelo Magno, M.D., P.C., contend that they have been mistakenly identified as the doctor who, and the entity which, allegedly provided inadequate medical care to the plaintiff's decedent, Jacqueline Vassell, on January 3, 2002, three days before she died. Prior to discovery, the appellants moved, in effect, for summary judgment dismissing the complaint insofar...

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