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EAGLESTON v. MT. SINAI MED. CTR.

144 A.D.2d 427 (1988)

Mark Eagleston et al., Appellants, v. Mt. Sinai Medical Center, Defendant, and Howard J. Goldman, Respondent

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

November 14, 1988

Ordered that the judgment is affirmed, with costs.

In September 1976 the plaintiff Mark Eagleston underwent surgery for the removal of an undescended left testicle which, if it remained in the plaintiff's groin, could have become cancerous. However, the respondent could not locate the left testicle during surgery and therefore did not remove it. He thereafter advised Mr. Eagleston that no testicle was found and, concluding...

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