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ROBINSON v. ADIRONDACK MEDICAL CENTER

No. 01-CV-0655.

244 F.Supp.2d 66 (2003)

Joyce ROBINSON, as Successor in interest and surviving heir to decedent, Vernon Miller, Plaintiff, v. ADIRONDACK MEDICAL CENTER; John A. Esper, M.D., as an individual and in his official capacity at the Adirondack Medical Center; C. David Merkel, M.D., as an individual and in his official capacity at the Adirondack Medical Center; and Jay Federman, M.D., as an individual and in his official capacity as Medical Director of the Adirondack Medical Center, Defendants.

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

February 7, 2003.

Attorney(s) appearing for the Case

Smith, Hirsch, Blackshear & Harris, PLC, Attorney for Plaintiff, Nashville, TN, Fannie J. Harris, Esq.

Thuillez, Ford, Gold & Johnson, LLP, Attorneys for Defendants Adirondack Medical Center, John A. Esper, M.D., and Jay Federman, M.D., Albany, Donald P. Ford, Esq.

Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C., Attorneys for Defendant C. David Merkel, M.D., Albany, Blair W. Todt, Esq., Joseph Amicone, Esq., Of Counsel.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Plaintiff Joyce Robinson commenced the instant medical malpractice action on May 4, 2001, arising out of the death of her son, Vernon Miller ("Miller"). Defendants Adirondack Medical Center ("AMC"), John A. Esper, M.D. ("Dr.Esper"), and Jay Federman, M.D. ("Dr.Federman") now move for summary judgment pursuant...

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