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McCARTHY v. KERRIGAN

146307.

59 Misc.3d 872 (2018)

74 N.Y.S.3d 694

2018 NY Slip Op 28093

JESSICA McCARTHY, as Administrator of the Estate of JAY F. McCARTHY, Deceased, Plaintiff, v. BRIAN R. KERRIGAN, M.D., et al., Defendants. BRIAN R. KERRIGAN, M.D., Third-Party Plaintiff, v. NATHAN WITTKOP, D.C., Third-Party Defendant.

Supreme Court, St. Lawrence County.

Decided March 27, 2018.

Attorney(s) appearing for the Case

Marks, O'Neill, O'Brien, Doherty & Kelly, P.C. ( Robert E. Fein of counsel) for third-party defendant.

Maynard, O'Connor, Smith & Catalinotto, LLP ( Bridget M. Schultz of counsel) for Jan Close, M.D., defendant.

Phelan, Phelan & Danek, LLP ( Timothy S. Brennan of counsel) for Brian R. Kerrigan, M.D., defendant/third-party plaintiff.

Law Office of Mark H. Cantor, LLC ( David J. Wolff Jr. of counsel) for plaintiff.

Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C. ( Stanley J. Tartaglia, Jr. of counsel) for Canton-Potsdam Hospital and another, defendants.

Thuillez, Ford, Gold, Butler & Monroe, LLP ( Kelly M. Monroe of counsel) for Town of Massena New York (Massena Memorial Hospital), defendant.

OPINION OF THE COURT

Two motions are before the court in this medical malpractice action. First, third-party defendant Nathan Witkop, D.C.,1 moves for summary judgment, arguing the third-party action brought against him by defendant/third-party plaintiff Brian R. Kerrigan, M.D., is barred...

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