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. That action resulted in summary judgment dismissing the complaint for failure to state a cause of action (Buonagurio v Drago, 65 AD2d 830, mot for lv to app den 46 NY2d 708). In the present action, plaintiff seeks to recover for alleged physical and…