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CLOSE v. UPSTATE MED CTR.

52 A.D.2d 193 (1976)

Serene Close, as Executrix of George Close, Deceased, Respondent, v. Upstate Medical Center, Defendant, and Fred G. Caldwell, Jr., Appellant

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

May 14, 1976

Attorney(s) appearing for the Case

Martin, Ganotis, Amsler & Brown (Edward J. Amsler of counsel), for appellant.

Mazza, Williamson & Clune (Robert Clune of counsel), for respondent.

MARSH, P. J., MOULE, CARDAMONE and WITMER, JJ., concur.

GOLDMAN, J.

On March 16, 1965 George Close underwent an operation at the defendant the Upstate Medical Center (not a party to this appeal) for the amputation of his right leg. Defendant Fred G. Caldwell, Jr., M.D. performed the surgery, during the course of which a surgical clamp was left within Close's body. Close allegedly did not become aware of the presence of the clamp until August 26, 1971, at which time...

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