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SOLTIS v. STATE OF NEW YORK

188 A.D.2d 201 (1993)

Bruce Soltis, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 77884.)

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

March 4, 1993

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General, Albany (Michael S. Buskus and Peter H. Schiff of counsel), for appellant-respondent.

Michael Rikon, P. C., New York City, for respondent-appellant.

WEISS, P. J., MAHONEY, CASEY and HARVEY, JJ., concur.

LEVINE, J.

Claimant's cause of action against the State was based upon the alleged medical malpractice of Nicholas Scors in performing a lymph node biopsy excision on claimant's neck, during which he allegedly severed a spinal accessory nerve. Claimant was an inmate in the State's correctional system at the time of the operation, which was performed in the operating room of the clinic at Clinton Correctional...

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