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EBERLE v. HUGHES

1076 CA 09-01908.

77 A.D.3d 1398 (2010)

909 N.Y.S.2d 273

JAN EBERLE, Respondent, v. THOMAS F. HUGHES, III, M.D., et al., Defendants, and RITE AID OF NEW YORK, INC., et al., Appellants.

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

Decided October 1, 2010.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action against, inter alia, Rite Aid of New York, Inc. (Rite Aid), a pharmacy, and pharmacist Thomas Siejka (hereafter, defendants) alleging that they were negligent in dispensing a certain medication to plaintiff and in advising her about the medication. In her bill of particulars and amended bill of particulars, plaintiff further alleged...

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