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ABRAMS v. BUTE

2013-04173, Index No. 500293/09.

138 A.D.3d 179 (2016)

27 N.Y.S.3d 58

2016 NY Slip Op 01627

MARIE ABRAMS, Individually and as Administratrix of the Estate of JOHN ABRAMS, Deceased, Appellant-Respondent, v. BRAD BUTE, M.D., et al., Defendants, and JESSICA "SMITH" et al., Respondents-Appellants.

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

Decided March 9, 2016.

Attorney(s) appearing for the Case

Anthony T. DiPietro , P.C., New York City, for appellant-respondent.

McAndrew, Conboy & Prisco, LLP, Melville, and Locke Lord, LLP ( Paul E. Dwyer and Ethan I. Davis of counsel), for respondents-appellants.

CHAMBERS, J.P., SGROI and BARROS, JJ., concur.

OPINION OF THE COURT

This appeal and cross appeal require consideration of the duty owed by a pharmacist in filling a prescription issued by a physician. In view of our limited precedent on this subject, we take this opportunity to clarify the nature of a pharmacist's duty and the...

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