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HYTKO v. HENNESSEY

62 A.D.3d 1081 (2009)

879 N.Y.S.2d 595

THEODORE M. HYTKO, Individually and as Administrator of the Estate of Kim A. HYTKO, Deceased, Plaintiff, v. WILLIAM J. HENNESSEY et al., Defendants, and OB/GYN HEALTH CENTER ASSOCIATES, Defendant and Third-Party Plaintiff-Respondent-Appellant. JANE E. SZARY, Third-Party Defendant-Appellant-Respondent.

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

Decided May 7, 2009.

Peters, J.

At the time of the events giving rise to this medical malpractice and wrongful death action, defendants Mary S. Elacqua and William J. Hennessey (hereinafter collectively referred to as the physicians) practiced as members of a partnership, defendant OB/GYN Health Center Associates. Third-party defendant, Jane E. Szary, a nurse practitioner employed by OB/GYN, was the primary caregiver to Kim A. Hytko (hereinafter decedent). Beginning in June 1994 and on...

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