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HERRGESELL v. THE GENESEE HOSPITAL

45 A.D.3d 1488 (2007)

846 N.Y.S.2d 523

ELEANOR G. HERRGESELL, Individually and as Limited Administrator of the Estate of DEBORAH L. LINZY, Deceased, Appellant, v. THE GENESEE HOSPITAL et al., Respondents, et al., Defendants.

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

Decided November 23, 2007.

It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously modified on the law by denying in part the cross motion of defendants The Genesee Hospital, Patrick Connors, M.D., Vincent Chang, M.D., ViaHealth, ViaHealth Home Care, Inc., and ViaHealth Home Care, II, Inc. and reinstating the complaint against defendant Patrick Connors, M.D. and as modified the order and judgment is affirmed without costs.

Memorandum:

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