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HINLICKY v. DREYFUSS

18 A.D.3d 18 (2005)

791 N.Y.S.2d 221

TIMOTHY J. HINLICKY, as Administrator of the Estate of MARIE M. HINLICKY, Deceased, and as Executor of WILLIAM P. HINLICKY, Deceased, Appellant, v. DAVID C. DREYFUSS et al., Respondents.

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

March 17, 2005.

Attorney(s) appearing for the Case

Powers & Santola L.L.P., Albany (Michael J. Hutter of counsel), for appellant.

Aswad & Ingraham, Binghamton (Charles O. Ingraham of counsel), for David C. Dreyfuss, respondent.

Phelan, Phelan & Danek L.L.P., Albany (John J. Phelan of counsel), for Robert O. Frank, respondent.

Sugarman Law Firm, Syracuse (Timothy J. Perry of counsel), for Riverside Associates in Anesthesia, P.C., respondent.

CARDONA, P.J., CREW III, SPAIN and CARPINELLO, JJ., concur.

OPINION OF THE COURT

PETERS, J.

Marie M. Hinlicky (hereinafter decedent) suffered a heart attack soon after a carotid endarterectomy operation which she underwent for removal of plaque buildup in her carotid artery. She died 25 days later. In this medical malpractice action, plaintiff, decedent's son, as administrator of decedent's estate and as executor of the estate of William P. Hinlicky, decedent's husband,1 alleges, as here...

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