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SCHAEFER v. HCP HEALTH CARE PLAN

283 A.D.2d 977 (2001)

723 N.Y.S.2d 791

DAWN M. SCHAEFER, Respondent, v. HCP HEALTH CARE PLAN et al., Defendants, and GEORGE R. BAEUMLER, M.D., Appellant.

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

Decided May 2, 2001.

Order unanimously reversed on the law without costs, motion granted and complaint against defendant George R. Baeumler, M.D. dismissed.

Memorandum:

Supreme Court erred in denying the motion of George R. Baeumler, M.D. (defendant) seeking summary judgment dismissing the complaint against him. The complaint with respect to defendant alleges that he failed to provide or transmit the report of the results of plaintiff's thyroid scan performed on June 24, 1994...

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