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D'AVOLIO v. PRADO

277 A.D.2d 877 (2000)

715 N.Y.S.2d 827

DONALD D'AVOLIO, as Administrator C. T. A. of the Estate of AGATHA D'AVOLIO, Deceased, Appellant, v. HUBERTO W. PRADO et al., Respondents. (Appeal No. 2.)

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

Decided November 13, 2000.

Order unanimously reversed on the law without costs, motion denied and complaint against defendant County of Niagara reinstated.

Memorandum:

Agatha D'Avolio (decedent) died in May 1992 as a result of injuries inflicted by her husband, Frank D'Avolio (D'Avolio). D'Avolio, who suffered from mental illness, had been receiving psychiatric care from defendants Huberto W. Prado, M.D. and Niagara Falls Memorial Medical Center (NFMMC), and D'Avolio's family had sought...

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