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DAVIS v. CALDWELL

79 A.D.2d 1088 (1981)

Joan R. Davis et al., Respondents, v. Elethea H. Caldwell et al., Appellants

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

January 16, 1981

Judgment affirmed, with costs.

Moule, J. (dissenting).

I must dissent and vote to reverse and grant a new trial on the issue of liability only, with the verdict on damages held in abeyance pending the new trial. In March, 1974 mammograms of plaintiff wife's breasts resulted in a diagnosis of calcifications in the breasts causing concern for carcinoma. In April, 1974 a doctor who had treated plaintiff...

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