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FRYE v. MONTEFIORE MED. CTR.

No. 49939/02, 4457

70 A.D.3d 15 (2009)

888 N.Y.S.2d 479

2009 NY Slip Op 7963

PAULA N. FRYE, Respondent, v. MONTEFIORE MEDICAL CENTER et al., Appellants, et al., Defendants.

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

Decided November 5, 2009.

Attorney(s) appearing for the Case

Heidell, Pittoni, Murphy & Bach, LLP, New York City (Daniel S. Ratner of counsel), for Montefiore Medical Center and others, appellants.

Leahey & Johnson, PC, New York City (Peter James Johnson, Jr., Peter James Johnson, James P. Tenney, Joanne Filiberti and Rosa M. Batista of counsel), for Norbert Berger, M.D., appellant.

Rende, Ryan & Downes, LLP, White Plains (Roland T. Koke of counsel), for Cathy Jarosz, M.D., appellant.

Meagher & Meagher, P.C., White Plains (Christopher B. Meagher of counsel), for respondent.

TOM, J.P., NARDELLI, McGUIRE and DeGRASSE, JJ., concur.

OPINION OF THE COURT

SWEENY, J.

This is a medical malpractice action where the Montefiore Medical Center defendants (WHAECOM) and Drs. Berger, Girz and Jarosz have perfected appeals from the denial of their respective motions for summary judgment dismissing the complaints against them. The facts are as follows:

On October 28, 1999, plaintiff presented at the New York Medical Group (NYMG) and was treated by defendant Dr. Franlina Umali, an internist...

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