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BUMBOLO v. FAXTON ST. LUKE'S HEALTHCARE

131 CA 20-00793.

196 A.D.3d 1119 (2021)

2021 NY Slip Op 04429

Paul Bumbolo, Respondent, v. Faxton St. Luke's Healthcare, Also Known as Mohawk Valley Health System, et al., Defendants and Emergency Physician Services of New York, P.C., Appellant.

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

Decided July 16, 2021.

Attorney(s) appearing for the Case

PHELAN, PHELAN & DANEK, LLP, ALBANY ( TIMOTHY S. BRENNAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

LAW OFFICE OF MICHAEL S. ALLEN, ROCHESTER ( MICHAEL S. ALLEN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Peradotto, J.P., Carni, NeMoyer, Troutman and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this negligence and medical malpractice action seeking compensatory damages arising from the psychiatric treatment he received from a doctor working for Emergency Physician Services of New York, P.C. (defendant) and from other medical providers. Plaintiff alleged that, while in the grip of mental illness, he was apprehended and arrested by the...

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