CRITELLI v. LONG ISLAND JEWISH-HILLSIDE MED. CTR.


115 A.D.2d 632 (1985)

Eugene Critelli, Respondent, v. Long Island Jewish-Hillside Medical Center et al., Defendants, and Metropolitan Surgical Group, P. C., et al., Appellants

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

December 23, 1985


Order affirmed, with costs.

Appellant Leonard Burson, practicing "by and through" appellant Metropolitan Surgical Group, P. C., has failed to negate, as a matter of law, the inference of negligence that may be drawn as a result of his failure to observe and remove a laparotomy pad, measuring 100 to 144 square inches, which he had placed in the plaintiff's abdomen during surgery (see, Benson v Dean, 232 N.Y. 52, 56; Blackburn v Baker, 227 App Div...

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