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MASCARELLA v. BROWN

No. 91 Civ. 6596 (SS).

813 F.Supp. 1015 (1993)

Justine MASCARELLA, Individually and as Administratrix of the Estate of Neala Mascarella, Deceased, Plaintiff, v. Annette M. BROWN, M.D., Defendant. Annette M. BROWN, M.D., Third-Party Plaintiff, v. E.R. SQUIBB & SONS, INC. and Elissa Santoro, M.D., Third-Party Defendants.

United States District Court, S.D. New York.

February 5, 1993.

Attorney(s) appearing for the Case

Garruto, Galex and Cantor P.C. by Todd Brandon Eder, East Brunswick, NJ, for plaintiff.

Gordon & Silber, P.C. by Michael Yoeli, New York City, for defendant/third-party plaintiff Annette M. Brown, M.D.

Sills Cummis Zuckerman Radin Tischman Epstein & Gross by Scott N. Rubin, New York City, for third-party defendant E.R. Squibb & Sons, Inc.

Connell, Foley & Geiser by George J. Kenny, Roseland, NJ, for third-party defendant Elissa Santoro, M.D.

MEMORANDUM OPINION AND ORDER

SOTOMAYOR, District Judge.

Third-Party Defendant E.R. Squibb & Sons, Inc. comes before the Court on a motion for summary judgment to dismiss the Third-Party Complaint against it. In addition, Defendant/Third-Party Plaintiff Annette M. Brown, M.D., moves to dismiss the second count of Plaintiff's First Amended Complaint to the extent that it is premised on the wrongful death law of North Carolina. For the reasons stated below...

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