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ARKIN v. GITTLESON

No. 1249, Docket 93-9119.

32 F.3d 658 (1994)

Mark ARKIN & Susan Arkin, Plaintiffs-Appellants, v. Roger GITTLESON, Defendant-Appellee, Stephen Goldman, M.D., Douglas Held, John Doe, Dawn Marie Frankwick, L.I. Jewish Hospital, Shapiro, M.D., L.I. Jewish Medical Center, William Ladner, Jeffrey W. Marx, Richard Ira Roberts, Guillermo San Roman, Defendants.

United States Court of Appeals, Second Circuit.

Decided July 21, 1994.

As Amended August 23, 1994.

Attorney(s) appearing for the Case

Cynthia A. Matheke, New York City (Budd Larner Gross Rosenbaum Greenberg & Sade, P.C., of counsel), for plaintiffs-appellants.

Andrea M. Alonso, New York City (Morris, Duffy, Alonso & Marulli, John E. Morris, John J. Duffy, and Alan H. Sproul, of counsel), for defendant-appellee Roger Gittleson, M.D.

Before: LUMBARD, VAN GRAAFEILAND and WINTER, Circuit Judges.

LUMBARD, Circuit Judge:

Susan Arkin and her husband Mark Arkin appeal from an October 5, 1993 judgment of the Eastern District of New York (Tsoucalas, J.1), granting judgment as a matter of law2 to Dr. Roger Gittleson. The Arkins sued Dr. Gittleson after he allegedly mistreated Susan for a pulmonary embolism that developed following childbirth by cesarean section at Long Island Jewish Medical Center...

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