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MORTENSEN v. MEM'L HOSP.

105 A.D.2d 151 (1984)

Michael V. Mortensen, Appellant, v. Memorial Hospital et al., Defendants, and Arthur H. Goldstein et al., Respondents

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

December 27, 1984

Attorney(s) appearing for the Case

Steven DiJoseph of counsel (Edward P. Dunphy and Sandra Krevitsky with him on the brief; Morris J. Eisen, P. C., attorney), for appellant.

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

MURPHY, P. J., KUPFERMAN and KASSAL, JJ., concur.

SULLIVAN, J.

On March 31, 1970, plaintiff, Michael Mortensen, then 10 years old, underwent an operative procedure at Arden Hill Hospital for the removal of a Baker's cyst from the back of his left knee. Upon making his incision, however, and after retracting certain tendons and nerves the surgeon, defendant Dr. Rakov, discovered a hard, gritty "rather indistinct" mass which appeared to have penetrated the entire popliteal space. Dr. Rakov considered his...

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