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FELNER v. SHAPIRO

94 A.D.2d 317 (1983)

William Felner, Individually and as Executor of Adele E. Felner, Deceased, Appellant, v. William Shapiro, Respondent

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

June 28, 1983

Attorney(s) appearing for the Case

Fred R. Profeta, Jr., for appellant.

Kenneth Mauro of counsel (Schiavetti, Begos & Nicholson, attorneys), for respondent.

KUPFERMAN, J. P., ROSS and CARRO, JJ., concur with ASCH, J.; SILVERMAN, J., dissents in an opinion.

ASCH, J.

Plaintiff William Felner sued Dr. William Shapiro for wrongful death and pain and suffering suffered by plaintiff's intestate. The complaint alleged medical malpractice because of the failure to timely diagnose and treat a lump found in the breast of plaintiff's intestate, Adele Felner. Her complaint was later diagnosed as a metastasized breast carcinoma which eventually led to her death. After trial before a jury, a judgment was entered for...

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