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HEWITT v. PALMER VETERINARY

No. 28.

35 N.Y.3d 541 (2020)

159 N.E.3d 228

134 N.Y.S.3d 312

2020 NY Slip Op 05975

MARSHA HEWITT, Appellant, v. PALMER VETERINARY CLINIC, PC, Respondent, et al., Defendant.

Court of Appeals of New York.

Decided October 22, 2020.

Attorney(s) appearing for the Case

Mark Schneider , Plattsburgh, for appellant.

Burke, Scolamiero & Hurd, LLP, Albany ( Judith Aumand and Peter Balouskas of counsel), for respondent.

New York State Trial Lawyers Association, New York City ( Michele S. Mirman of counsel), for New York State Trial Lawyers Association, amicus curiae.

Powers & Santola, LLP, Albany ( Michael J. Hutter of counsel), and New York State Academy of Trial Lawyers, Albany ( Angélicque Moreno of counsel), for New York State Academy of Trial Lawyers, amicus curiae.

James P. O'Connor , Defense Association of New York, Inc., Jericho ( Andrew Zajac , Rona L. Platt , Brendan T. Fitzpatrick and Jonathan Uejio of counsel), for the Defense Association of New York, Inc., amicus curiae.

OPINION OF THE COURT

Defendant Palmer Veterinary Clinic, PC treated Vanilla, a dog, for a paw injury at its clinic. That same day, plaintiff Marsha Hewitt brought her cat to the clinic for an examination. As plaintiff waited in the reception area, a veterinarian returned Vanilla to...

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