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SCHACHERBRAUER v. UNIVERSITY ASSOCIATES IN OBSTETRICS & GYNECOLOGY

56 A.D.3d 751 (2008)

868 N.Y.S.2d 146

JOSEPHINE SCHACHERBAUER et al., Respondents, v. UNIVERSITY ASSOCIATES IN OBSTETRICS & GYNECOLOGY, P.C., et al., Appellants, et al., Defendants.

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

November 25, 2008.

Ordered that the order is affirmed, with costs.

While it may be true that the phlebotomist who performed the lab work upon the plaintiff Josephine Schacherbauer (hereinafter the injured plaintiff) was not an actual employee of the appellants, that circumstance alone is not dispositive of the issue of liability of the defendant University Associates in Obstetrics & Gynecology, P.C. (hereinafter University Associates)...

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