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NICOLOSI v. BROOKHAVEN MEM'L HOSP.

168 A.D.2d 488 (1990)

James Nicolosi, Appellant, v. Brookhaven Memorial Hospital, Defendant, and Abraham Cohen et al., Respondents

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

December 10, 1990

Ordered that the judgment is affirmed, with costs.

The day after injuring his leg in a basketball game, the plaintiff sought treatment at the emergency room of Brookhaven Memorial Hospital. The attending physician misdiagnosed his injury as a fractured ankle and sent him home with an ace bandage and the phone number of an orthopedist. The following day the plaintiff contacted the orthopedist's office and made an appointment...

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