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REUSTLE v. PETRACO

2015-00883, Index No. 1507/12.

155 A.D.3d 658 (2017)

63 N.Y.S.3d 111

2017 NY Slip Op 07626

RICHARD REUSTLE, as Administrator of the Estate of BARBARA REUSTLE, Deceased, Respondent, v. DOUGLAS PETRACO, M.D., et al., Defendants, et al., Defendant/Third-Party Plaintiff. TENDER TOUCH PHYSICAL THERAPY, P.C., Third-Party Defendant-Appellant.

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

Decided November 1, 2017.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff's decedent, Barbara Reustle, underwent a hip replacement procedure at the defendant St. Charles Hospital on November 30, 2009. Following the surgery, from December 7, 2009, through January 4, 2010, Reustle received inpatient rehabilitation and physical and occupational therapy at a facility owned and operated by the defendant third-party plaintiff, Smithtown...

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