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CATTANI v. MARFUGGI

114442/08

26 Misc.3d 1053 (2009)

895 N.Y.S.2d 772

ROBERT V. CATTANI, M.D., Plaintiff, v. RICHARD A. MARFUGGI, M.D., Defendant.

Supreme Court, New York County.

Decided November 25, 2009.

Attorney(s) appearing for the Case

Richard Paul Stone, New York City, for plaintiff.

Lustberg & Ferretti, Glens Falls (Robert M. Lustberg of counsel), for defendant.

OPINION OF THE COURT

MARCY S. FRIEDMAN, J.

In this action, plaintiff Robert Cattani, M.D., sues defendant Richard Marfuggi, M.D., for damages based on the allegation that Dr. Marfuggi gave false testimony as an expert witness against Dr. Cattani in three malpractice actions brought by nonparties against Dr. Cattani. By decision on the record on April 16, 2009, this court dismissed the complaint, holding that defendant was entitled to absolute immunity for...

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