Appellate Division of the Supreme Court of the State of New York July 15, 1982 (Drago v. Buonagurio)

Appeal from an order of the Supreme Court at Special Term (Hughes, J.), entered July 9, 1981 in Schenectady County,, which granted defendant’s motion to dismiss the complaint for failure to state a cause of action. Plaintiff, a medical doctor, was previously sued by defendant for malpractice in allegedly causing the death of defendant’s husband.