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CHICOINE v. KOCH

2016-06924, Index No. 591/12.

161 A.D.3d 1139 (2018)

78 N.Y.S.3d 431

2018 NY Slip Op 03825

Paul H. Chicoine et al., Respondents, v. Claire D. Koch, M.D., et al., Defendants, and Michael R. Mendola, D.O., Appellant.

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

Decided May 30, 2018.

Ordered that the order is affirmed, with costs.

In 2012, the plaintiff Paul H. Chicoine (hereinafter the injured plaintiff), and his wife suing derivatively, commenced this action against, among others, Michael R. Mendola (hereinafter the defendant). The plaintiffs alleged that the defendant committed medical malpractice when the injured plaintiff visited the emergency room of St. Joseph Hospital in Bethpage, New York. The defendant interposed an answer.

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