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GOODWIN v. PRETORIUS

101 CA 12-01441.

105 A.D.3d 207 (2013)

962 N.Y.S.2d 539

2013 NY Slip Op 1931

ROSETTE GOODWIN, as Administratrix of the Estate of CHARLENE E. CLINTON, Deceased, Respondent, v. RICHARD W. PRETORIUS, M.D., et al., Defendants, and RIZWANA LILANI, M.D., et al., Appellants.

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

Decided March 22, 2013.

Attorney(s) appearing for the Case

Ricotta & Visco, Attorneys & Counselors at Law, Buffalo ( K. John Bland of counsel), for defendants-appellants.

Lipsitz Green Scime Cambria LLP, Buffalo ( John A. Collins of counsel), for plaintiff-respondent.

FAHEY, LINDLEY, VALENTINO and MARTOCHE, JJ., concur.

OPINION OF THE COURT

SCUDDER, P.J.

I

In May 2009 Charlene E. Clinton (decedent) sought treatment at defendant Erie County Medical Center Corporation (ECMCC). She was admitted to ECMCC on May 7, 2009 and was discharged on May 12, 2009. Approximately five days later, decedent was transported by ambulance to ECMCC, and she died the next day. In August 2009, plaintiff served a notice of claim on ECMCC only...

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