GARRY, J.
This indemnification case arises from a medical malpractice action that plaintiff Thomas P. Caruso (hereinafter plaintiff) and his wife, derivatively, commenced against Ellis Hospital and emergency room physician Alex Pasquariello as a result of medical care and treatment that plaintiff received on the evening of July 27, 2001. Plaintiff had seen his physician earlier in the day who, concerned by plaintiff's complaint of a persistent headache of varying...
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