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BUTLER v. CAYUGA MEDICAL CENTER

525002.

158 A.D.3d 868 (2018)

71 N.Y.S.3d 642

2018 NY Slip Op 00589

JOHN BUTLER, as Executor of the Estate of CAROL BUTLER, Deceased, Appellant, v. CAYUGA MEDICAL CENTER et al., Respondents. (Action No. 1.) KRISTINE SHAW, as Guardian ad Litem of IAN BUTLER, Appellant, v. CAYUGA MEDICAL CENTER et al., Respondents. (Action No. 2.).

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

Decided February 1, 2018.

At around 1:00 p.m. on the afternoon of September 22, 2009, Ian Butler (hereinafter Butler), accompanied by his mother, Carol Butler (hereinafter decedent), sought treatment at Convenient Care at Ithaca (hereinafter CCI), an urgent care facility owned by defendant Cayuga Medical Center (hereinafter CMC). Defendant Eva Briggs, the physician...

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