HUNOLD v. COMMUNITY GENERAL HOSPITAL OF GREATER SYRACUSE


61 A.D.3d 1331 (2009)

876 N.Y.S.2d 828

ANNE HUNOLD, Individually and as Executrix of ANNE COOK, Deceased, et al., Respondents, v. COMMUNITY GENERAL HOSPITAL OF GREATER SYRACUSE et al., Defendants. NEW YORK STATE DEPARTMENT OF HEALTH, Appellant. (Appeal No. 1.)

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

Decided April 24, 2009.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the judicial subpoena duces tecum dated May 15, 2008 is quashed.

Memorandum: Plaintiffs, individually, and plaintiff Anne Hunold, as executrix of the estate of Anne Cook (decedent), commenced this action seeking damages arising from the alleged negligent diagnosis and treatment of decedent by defendants. The record establishes that an investigation...

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