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MARTUSCELLO v. JENSEN

518302

134 A.D.3d 4 (2015)

18 N.Y.S.3d 463

2015 NY Slip Op 07711

DANIEL M. MARTUSCELLO, as Executor of MARYANNA J. DARMIENTO, Deceased, Appellant, v. SUSAN M. JENSEN, Defendant, and HORIZON FAMILY MEDICAL GROUP, Respondent.

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

Decided October 22, 2015.

Attorney(s) appearing for the Case

Rush Wadlin Heppner & Martuscello, LLP, Kingston ( E. Michael Kavanagh of counsel), for appellant.

Marks, O'Neill, O'Brien, Doherty & Kelly, PC, Elmsford ( Robert E. Fein of counsel), for respondent.

LAHTINEN, J.P., LYNCH and DEVINE, JJ., concur.

OPINION OF THE COURT

Appeal from a judgment of the Supreme Court (Melkonian, J.), entered April 1, 2013 in Ulster County, upon a verdict rendered in favor of defendant Horizon Family Medical Group.

Maryanna J. Darmiento (hereinafter decedent), then 81 years old, was transported by a relative to a medical office owned...

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