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PIGUT v. LEARY

64 A.D.3d 1182 (2009)

881 N.Y.S.2d 755

JENNIFER PIGUT, as Administrator of the Estate of LAWRENCE D. McLELLAN, SR., Deceased, Respondent, v. DANIEL A. LEARY, M.D., et al., Defendants, and ABBOTT ANESTHESIOLOGIST ASSOCIATES, P.C., et al., Appellants.

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

Decided July 2, 2009.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is granted in its entirety and the complaint against defendants Abbott Anesthesiologist Associates, P.C. and Gregory V. Tobias, M.D. is dismissed.

Memorandum: Supreme Court erred in denying those parts of the motion of, inter alia, Abbott Anesthesiologist Associates, P.C. and Gregory V. Tobias, M.D....

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