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PIPP v. GUTHRIE CLINIC, LTD.

509019.

80 A.D.3d 1014 (2011)

915 N.Y.S.2d 376

CARL PIPP et al., Respondents, v. GUTHRIE CLINIC, LTD., et al., Appellants.

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

Decided January 20, 2011.

MERCURE, J.

Plaintiff Carl Pipp (hereinafter plaintiff) fell and injured his left knee in September 2003, while delivering oxygen cylinders to a medical supply facility that was leased and operated by defendants. Following surgery, plaintiff developed a postoperative staph infection, ultimately requiring a left knee replacement. Plaintiff and his wife, derivatively, commenced this action, alleging that defendants negligently...

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