PALESTRANT v. GARCIA


189 A.D.2d 558 (1993)

Jocelyn Palestrant et al., Respondents, v. Emilio A. Garcia et al., Appellants, et al., Defendant

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

January 5, 1993


In a medical malpractice action alleging defendants' failure to diagnose a malignancy known as Wilm's Tumor in the infant plaintiff's kidneys, defendants moved for summary judgment based on the affidavits of two medical experts, who opined that in view of the rarity of the tumor, its rapid growth, and the absence of any abdominal mass at the time of the child's physical examinations, neither defendant deviated from proper medical practice. Both experts also concluded that...

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