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KINGSLEY v. PRICE

587 CA 17-02014.

163 A.D.3d 157 (2018)

80 N.Y.S.3d 806

2018 NY Slip Op 05088

SUSAN M. KINGSLEY, Individually and as Administratrix of the Estate of JAMES D. KINGSLEY, Deceased, Respondent, v. THOMAS EDWARD PRICE, M.D., et al., Appellants, and NEW YORK STATE ELECTRIC AND GAS CORP., Respondent/Third-Party Plaintiff. ONSITE OCCUPATIONAL HEALTH SERVICES, INC., Third-Party Defendant.

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

Decided July 6, 2018.

Attorney(s) appearing for the Case

Roach, Brown, McCarthy & Gruber, P.C., Buffalo (Seth Hiser of counsel), for defendants-appellants.

DeMarie & Schoenborn, P.C., Buffalo (Joseph DeMarie of counsel), for plaintiff-respondent.

Nixon Peabody LLP, Rochester (Kevin T. Saunders of counsel), for defendant-respondent.

SMITH, J.P., and WINSLOW, J., concur with DEJOSEPH, J; CURRAN, J., dissents and votes to affirm in a separate opinion.

OPINION OF THE COURT

Background

Thomas Edward Price, M.D., Western New York Occupational Medicine, P.C. (WNYOM), Michael Anthony Torres, M.D., also known as Michael A. Torres, M.D., MBA, P.C., Eastern Niagara Radiology and Nuclear Medicine Associates, P.C., Aurea...

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