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LODICO v. COHN

132 Misc.2d 866 (1986)

Ronald Lodico et al., Plaintiffs, v. George A. Cohn et al., Defendants.

Supreme Court, Erie County.

August 4, 1986

Attorney(s) appearing for the Case

Damon & Morey (Barbara Schifeling of counsel), for Robert A. Caputi, defendant. Gordon, Feldman & Cooper (Timothy Cooper of counsel), for plaintiffs.

HENRY G. GOSSEL, J.

This is a motion made by one of the defendants in a medical malpractice action seeking a dismissal of the complaint on the grounds that the complaint fails to state a cause of action as there was no physician-patient relationship between the plaintiff and the movant at the time of the alleged malpractice.

The moving defendant's alleged negligence is claimed to have occurred between...

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