KERBER v. SARLES


151 A.D.2d 1031 (1989)

Norma J. Kerber, Appellant, v. Harold Sarles, Respondent, et al., Defendant. (And a Third-Party Action.)

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

June 2, 1989


Order unanimously reversed on the law with costs, defendant's motion denied and complaint reinstated.

Memorandum:

In this action for medical malpractice, Special Term erred in granting summary judgment to defendant Sarles, the podiatrist who performed the surgery on plaintiff's foot. The surgery, which was to correct "hammertoes", was performed under general anesthesia administered by a board-certified anesthesiologist. When plaintiff awakened in the recovery...

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