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BROWN v. LUTHERAN MEDICAL CENTER

2012-03455, (Index No. 11452/11).

107 A.D.3d 837 (2013)

968 N.Y.S.2d 526

2013 NY Slip Op 4568

ANTHONY BROWN, Individually and as Administrator of the Estate of SHARLINE ORLINDA BROWN, Deceased, Respondent, v. LUTHERAN MEDICAL CENTER et al., Appellants.

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

Decided June 19, 2013.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

In March 2007, the plaintiff's wife, Sharline Brown, allegedly sustained injuries as a result of the defendants' medical malpractice. In July 2009, the plaintiff commenced an action (hereinafter the first action) individually and as proposed guardian ad litem for Sharline, seeking to recover, inter alia, damages for medical malpractice...

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