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FORREST v. TIERNEY

2010-11650.

91 A.D.3d 707 (2012)

936 N.Y.S.2d 295

2012 NY Slip Op 327

WILLIAM FORREST, Appellant, et al., Plaintiff, v. SEAN TIERNEY, D.O., et al., Defendants, and MERCY MEDICAL CENTER et al., Respondents.

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

Decided January 17, 2012.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

On December 31, 2004, at approximately 4:01 P.M., the plaintiff William Forrest (hereinafter Forrest) presented to the emergency room at the defendant Mercy Medical Center (hereinafter Mercy), arriving by ambulance. Forrest complained of right flank pain radiating...

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