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SWIFT v. COLMAN

196 A.D.2d 150 (1994)

William R. Swift et al., Appellants, v. Neil D. Colman, Respondent

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

March 10, 1994

Attorney(s) appearing for the Case

Harvey and Harvey, Harvey & Mumford, Albany (Jonathan P. Harvey and John J. Cavanaugh, Jr., of counsel), for appellants.

Carter, Conboy, Bardwell, Case, Blackmore & Napierski, Albany (Susan DiBella Harvey of counsel), for respondent.

CARDONA, P. J., MIKOLL and CREW III, JJ., concur.

WEISS, J.

Plaintiff William R. Swift (hereinafter plaintiff) was treated by defendant, an orthopedic surgeon, who performed a surgical procedure on January 30, 1984 to repair a fracture of plaintiff's left femur. Plaintiff remained under defendant's care throughout the year and at an office appointment on December 26, 1984, defendant observed that plaintiff's thigh muscles had not redeveloped to their original...

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