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WULBRECHT v. JEHLE

7959/07.

28 Misc.3d 808 (2010)

902 N.Y.S.2d 910

NANCY S. WULBRECHT, as Administratrix of the Estate of ROBERT M. WULBRECHT, Deceased, Plaintiff, v. DIETRICH JEHLE, M.D., et al., Defendants.

Supreme Court, Erie County.

Decided June 14, 2010.

Attorney(s) appearing for the Case

Ricotta & Visco ( Jessica L. Welker of counsel), for Dietrich Jehle, M.D. and others, defendants.

Cheryl A. Green , County Attorney (Ruthanne Wannop of counsel), for Erie County Medical Center Corporation, defendant.

Brown Chiari, LLP ( Michael R. Drumm of counsel), for plaintiff.

OPINION OF THE COURT

JOHN M. CURRAN, J.

Defendants, Victoria Brooks, M.D. and Hong Yu, M.D. (physicians), have moved pursuant to CPLR 3212 for summary judgment dismissing plaintiff's complaint and all cross claims. Defendant, Erie County Medical Center Corporation (ECMC), also has moved for summary judgment pursuant to CPLR 3212 for an order dismissing the complaint against the hospital.

Factual Background

On August 6, 2006, Robert Wulbrecht...

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