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CREGAN v. SACHS

65 A.D.3d 101 (2009)

879 N.Y.S.2d 440

LIAM CREGAN, Individually and as Coadministrator of the Estate of KAY CREGAN, Deceased, et al., Appellants, v. MICHAEL E. SACHS, M.D., et al., Defendants, and MADHAVARAO SUBBARO, M.D., Respondent.

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

Decided May 28, 2009.

Attorney(s) appearing for the Case

Kramer, Dillof, Livingston & Moore, New York City (Matthew Gaier of counsel), for appellants.

Costello, Shea & Gaffney, LLP, New York City (Sylvia E. Lee and Frederick N. Gaffney of counsel), for respondent.

BUCKLEY, MOSKOWITZ and RENWICK, JJ., concur.

OPINION OF THE COURT

NARDELLI, J.P.

The threshold issue is the extent of an anesthesiologist's postoperative duties to his patient after a procedure which took place in a doctor's office, but required the patient to remain in the office overnight.

Plaintiff's decedent, Kay Cregan, died on March 17, 2005, at the age of 42, from complications resulting from plastic surgery performed by defendant Michael E. Sachs in his office in New York. Defendant...

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