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CLARK v. HALSTEAD

276 A.D. 17 (1949)

Mervyn A. Clark, Plaintiff, v. Esther Halstead, Defendant, and Frederick Wheeler, Defendant and Third-Party Plaintiff-Respondent. Andrew A. Blash et al., Third-Party Defendants-Appellants

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

November 16, 1949.

Attorney(s) appearing for the Case

Robert J. Bell and Thomas H. Clearwater for third-party defendants-appellants.

David A. Fowler and George G. Coughlin for defendant and thirty-party plaintiff-respondent.

HEFFERNAN, DEYO, SANTRY and BERGAN, JJ., concur.

FOSTER, P. J.

According to the opinion of the court below the plaintiff Clark has recovered a judgment of $11,000 against the defendant Wheeler for personal injuries received in an automobile accident. The defendant Wheeler has served a third-party complaint against the defendants Blash, Zoltowski and Fish, who are physicians. The gist of this complaint is that the defendant physicians were guilty of malpractice...

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