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PALUMBO v. BRISTOL-MYERS SQUIBB COMPANY

1440 CA 17-01199.

158 A.D.3d 1182 (2018)

70 N.Y.S.3d 281

2018 NY Slip Op 00749

ELAINE M. PALUMBO et al., Appellants, v. BRISTOL-MYERS SQUIBB COMPANY, Defendant, and CHARLES J. MALLO, M.D., Respondent.

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

Decided February 2, 2018.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied, and the amended complaint is reinstated against defendant Charles J. Mallo, M.D.

Memorandum: Plaintiff commenced this action seeking damages for injuries she allegedly sustained as a result of treatment provided by her physician Charles J. Mallo, M.D. (defendant). Plaintiff alleged in her amended complaint, among other things, that defendant...

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