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CAPPELLINI v. KINNEY SYS., INC.

193 A.D.2d 421 (1993)

597 N.Y.S.2d 336

Bruno Cappellini, Public Administrator of The County of New York, as Administrator of The Estate of Haydar H. Nezhad, Deceased, Appellant, v. Kinney Systems, Inc., et al., Respondents. (And Third-Party Actions.) Bruno Cappellini, Public Administrator of The County of New York, as Administrator of The Estate of Haydar H. Nezhad, Deceased, Respondent, v Clarence A. Dunn, Jr. et al., Appellants, and Kinney Systems, Inc., et al., Respondents. (And Third-Party Actions.)

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

May 11, 1993

The IAS Court properly denied defendant physician's motion for summary judgment dismissing the complaint against him. Plaintiff's medical expert's sworn redacted report raised a material triable issue of fact concerning whether or not defendant departed from good and acceptable medical practice in failing to recognize the presence of air bubbles in the left inguinal region, indicating the possibility of a rectal laceration. Decedent...

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