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DOBBINS v. CLIFFORD

39 A.D.2d 1 (1972)

Richard L. Dobbins, Respondent-Appellant, v. Francis J. Clifford et al., Appellants-Respondents

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

April 19, 1972.

Attorney(s) appearing for the Case

Findlay, Hackett, Reid & Wattengel (Paul H. Reid, Jr., of counsel), for Francis J. Clifford, appellant-respondent.

William B. Smith for Albert Connette, appellant-respondent.

O'Shea, Adamson, Reynolds & Napier (Philip J. O'Shea of counsel), for Rodney H. Dusenberre, appellant-respondent.

Garvey, Magner & Sullivan (William J. Love, Jr., of counsel), for respondent-appellant.

DELVECCHIO, J. P., WITMER and HENRY, JJ., concur.

MOULE, J.

On March 10, 1966 plaintiff underwent an operation for the removal of his spleen. Plaintiff claimed that he discovered in January, 1970 that his pancreas had been severely damaged during the course of the operation, and commenced this action for malpractice on February 23, 1970.

The complaint sets forth four causes of action. In the first cause of action, plaintiff alleges that defendants Dr....

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