CASTAGNA v. FLYNN


127 A.D.2d 813 (1987)

Rosemary Castagna et al., Appellants, v. John E. Flynn, M.D., P. C., et al., Respondents

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

February 23, 1987


Ordered that the judgment is affirmed, with costs.

The plaintiffs' theory was that the defendants negligently failed to detect a tumor in Mrs. Castagna's right eye during visits to the defendants' office on March 30, 1976 and June 16, 1977, at a time when it still could have been treated by a form of radiation therapy, and thus removal of the eye on January 26, 1978 would have been avoided. In order to show that the tumor was visible at the time the defendant Dr....

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