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McCARTHY v. KERRIGAN

528348.

178 A.D.3d 1342 (2019)

2019 NY Slip Op 09346

Jessica McCarthy, as Administrator of the Estate of Jay F. McCarthy, Plaintiff, v. Brian R. Kerrigan, Defendant and Third-Party Plaintiff-Respondent, et al., Defendants; Nathan Wittkop, Third-Party Defendant-Appellant.

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

Decided December 26, 2019.

Attorney(s) appearing for the Case

Marks, O'Neill, O'Brien, Doherty & Kelly, PC, Elmsford ( James M. Skelly of counsel), for third-party defendant-appellant.

Phelan, Phelan & Danek, LLP, Albany ( Timothy S. Brennan of counsel), for defendant and third-party plaintiff-respondent.

Garry, P.J., Egan Jr. and Lynch, JJ., concur.

In August 2015, Jay F. McCarthy commenced this action against, among others, defendant Brian R. Kerrigan and third-party defendant, Nathan Wittkop, alleging claims of medical and chiropractic malpractice. In 2016, McCarthy and Wittkop entered into an arbitration agreement wherein they agreed to resolve McCarthy's claims insofar as asserted...

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