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INTELMANN v. GADALETA

28 A.D.3d 521 (2006)

813 N.Y.S.2d 199

MICHAEL INTELMANN, Respondent, v. PETER DELUCA et al., Defendants, and DOMINICK GADALETA et al., Appellants.

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

April 11, 2006.

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

The decedent, Darlene Intelmann, sought treatment from Peter DeLuca, a pulmonary specialist, for respiratory problems. Mrs. Intelmann was then referred to the appellant Dominick Gadaleta, who specialized in bariatric surgery, to evaluate whether she was a candidate for a gastric bypass operation due to her obesity. It is alleged that DeLuca...

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