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RUSSO v. MIGNOLA

2014-04412, Index No. 101041/11.

142 A.D.3d 1064 (2016)

38 N.Y.S.3d 209

LISA RUSSO, as Administratrix of the Estate of EDWARD LAUER, Deceased, Appellant, v. BRIAN MIGNOLA, M.D., Respondent, et al., Defendant.

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

Decided September 21, 2016.

Ordered that the order is affirmed, with costs.

On August 11, 2010, Edward Lauer (hereinafter the decedent) was taken by ambulance to Staten Island University Hospital (hereinafter SIUH) with complaints of abdominal pain, nausea, vomiting, and diarrhea. The decedent was admitted to the care of his private family practice physician, the defendant Brian Mignola. On August 17, 2010, the decedent was discharged from SIUH by Dr. Mignola with a diagnosis of gastroenteritis...

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