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RIZZO v. MOSELEY

11214/07.

30 Misc.3d 773 (2010)

913 N.Y.S.2d 905

JACQUELYN T. RIZZO, Plaintiff, v. ELIZABETH H. MOSELEY, M.D., et al., Defendants.

Supreme Court, Westchester County.

Decided December 21, 2010.

Attorney(s) appearing for the Case

Birbrower, Beldock & Margolis, P.C., New City, for plaintiff.

Tarshis, Catania, Liberth, Mahon & Milligram, PLLC, Newburgh, for Joseph F. Yacovone, M.D. and others, defendants.

Sholes & Miller, LLP, Poughkeepsie, for David K. Israel, M.D. and others, defendants.

Heidell, Pittoni, Murphy & Bach, LLP, White Plains, for Takouhie C. Maldjian, M.D. and others, defendants.

OPINION OF THE COURT

GERALD E. LOEHR, J.

On June 19, 2007, plaintiff commenced this action for malpractice. The Health Plan allegedly provided health insurance benefits to plaintiff since and as a consequence of the defendants' alleged malpractice. In November 2007, the Health Plan was notified of this action. The Health Plan understood that the plaintiff would be seeking damages which included medical expenses paid by the Health Plan.1...

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