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MAKINEN v. TORELLI

2012-06180.

106 A.D.3d 782 (2013)

965 N.Y.S.2d 529

2013 NY Slip Op 3303

CEANNA MAKINEN, Individually and as Administratrix of the Estate of MICHAEL MAKINEN, Deceased, Respondent, v. MICHAEL WILLIAM TORELLI, M.D., et al., Appellants, et al., Defendants.

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

Decided May 8, 2013.

Ordered that the order dated May 8, 2012, is affirmed insofar as appealed from, with one bill of costs payable by the appellants appearing separately and filing separate briefs.

On August 13, 2005, the decedent, Michael Makinen, went to South Shore Family Practice Associates, P.C. (hereinafter South Shore), seeking treatment for back pain, a cough, chest congestion, and a sore throat. The decedent, then 42 years old, was...

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