SAFIER & VOGELMAN v. KALVIN


150 Misc.2d 1002 (1991)

Safier & Vogelman, Respondent, v. Paul Kalvin, Appellant.

Supreme Court, Appellate Term, Second Department.

September 17, 1991


Attorney(s) appearing for the Case

Amos Weinberg for appellant. Bhalinder L. Rikhye for respondent.

WILLIAMS, J., concurs; MONTELEONE, J. P., dissents in a separate memorandum.


PIZZUTO, J.

Plaintiff, a medical partnership, sued to recover for medical services. Defendant counterclaimed for "common-law negligence" and listed a stated sum as his damages. He alleged that he submitted himself to Dr. Safier for a colonoscopy to search for polyps which if found were to be then and there removed in order to determine whether they were benign or malignant; that in the midst of the colonoscopy...

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