NUSSBAUM v. GIBSTEIN


73 N.Y.2d 912 (1989)

Linda Nussbaum, as Executrix of Elaine Celetti, Deceased, Respondent, v. Alan Gibstein et al., Appellants.

Court of Appeals of the State of New York.

Decided February 21, 1989.


Attorney(s) appearing for the Case

Michael A. Ellenberg for appellants.

Thomas A. Moore for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, HANCOCK, JR., and BELLACOSA concur in memorandum; Judges ALEXANDER and TITONE dissent and vote to affirm for the reasons stated in Judge TITONE'S dissenting opinion in McDougald v Garber (, 258 [decided today]).


MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and a new trial granted on the issue of damages on the first cause of action.

Plaintiff's decedent, Elaine Celetti, died on June 8, 1985, nearly two years after discovering that a painful lump in her left breast was cancerous and that the cancer had already begun to metastasize. This action was commenced alleging...

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