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EVANS v. LERCH

182 Misc.2d 887 (1999)

700 N.Y.S.2d 400

BRYAN EVANS, Plaintiff, v. ROBERT LERCH, Defendant.

Supreme Court, New York County.

December 8, 1999.

Attorney(s) appearing for the Case

Aaronson Rappaport Feinstein & Deutsch, L. L. P., New York City (Theresa DiMartino of counsel), for defendant.

Smith & Laquercia, L. L. P., New York City (Reed M. Podell of counsel), for plaintiff.

OPINION OF THE COURT

LORRAINE S. MILLER, J.

Plaintiff Bryan Evans complains in this medical malpractice action that on February 26, 1993, Dr. Robert Lerch performed unnecessary endoscopic sinus surgery—a procedure intended for individuals suffering from chronic sinusitis who have not responded to medical therapy—even though Evans did not have a history of chronic sinusitis. As a result of that surgery, plaintiff claims to have a greatly diminished...

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