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COX v. CORDICE

90 A.D.2d 297 (1982)

Perry Cox, as Executor of Mary Williams, Deceased, Plaintiff, v. John V. Cordice, Jr., et al., Defendants, and Hillcrest General Hospital, Defendant and Third-Party Plaintiff-Appellant. Benjamin Gordon, Third-Party Defendant; Leonard B. Starr et al., Third-Party Defendants-Respondents

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

December 14, 1982

Attorney(s) appearing for the Case

Beth J. Goldmacher of counsel (David H. Sculnick with her on the brief; Norman Bard, P. C., attorney), for Hillcrest General Hospital, defendant and third-party plaintiff-appellant.

Howard R. Cohen of counsel (Julian S. Greenspun with him on the brief; Bower & Gardner, attorneys), for Leonard B. Starr, respondent.

KUPFERMAN, SULLIVAN, ROSS and MILONAS, JJ., concur.

MURPHY, P. J.

Plaintiff's decedent, Mary Williams, underwent a bilateral, radical mastectomy on June 13, 1973. The operation was performed by defendant Cordice in defendant Hillcrest General Hospital (Hospital). The operation was, as the jury found, actually unnecessary. Defendant Gordon, a pathologist, had negligently misread the decedent's tissue sample; he found a malignancy where none existed. At the time...

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