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APPLEWHITE v. ACCUHEALTH, INC.

22234/98, 2999.

81 A.D.3d 94 (2010)

915 N.Y.S.2d 223

TIFFANY APPLEWHITE et al., Respondents, v. ACCUHEALTH, INC., et al., Defendants, and LINDA RUSSO, R.N., Appellant.

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

Decided December 28, 2010.

Attorney(s) appearing for the Case

Fiedelman & McGaw, Jericho ( James K. O'Sullivan of counsel), and Edward Garfinkel , Brooklyn, for appellant.

Murray S. Axelrod , New York City, for respondents.

DEGRASSE and MANZANET-DANIELS, JJ., concur with MAZZARELLI, J.P.; SAXE and NARDELLI, JJ., concur in part and dissent in part in a separate opinion by SAXE, J.

OPINION OF THE COURT

MAZZARELLI, J.P.

Defendant Linda Russo is a registered nurse whose work is exclusively limited to the performance of home infusions of intravenous medication. On February 21, 1998, she visited the 12-year-old plaintiff at home to administer to her a dose of methylprednisolone (Solu-Medrol). Russo worked for Accuhealth, Inc., a company which specialized in home infusions.

Solu-Medrol...

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