No. 1886, Docket 95-7048.

64 F.3d 91 (1995)

Michael Christopher MILANO, an infant, by his parents and natural guardians, Christopher MILANO and Jeanne Milano, and Christopher Milano and Jeanne Milano, individually, Plaintiffs-Appellants, v. Jay A. FREED, Marvin A. Lieber, Arnold W. Scherz, Mitchell Kleinberg, and Stephanie Citerman, Individually and d/b/a Freed Lieber Scherz Kleinberg and Citerman, a partnership, Richard Silvergleid, Manhasset Diagnostic Imaging, P.C., and Alan D. Rosenthal, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 25, 1995.

Attorney(s) appearing for the Case

Kramer & Kramer, New York City (Edward C. Kramer, Joseph Meyers, Samuel Frankel, of counsel) for appellants.

Heidell, Pittoni, Murphy & Bach, P.C., New York City (Charles L. Bach, Jr., Daniel S. Ratner, of counsel) for appellees Jay A. Freed, Marvin A. Lieber, Arnold W. Scherz, Mitchell Kleinberg, Stephanie Citerman, and Freed Lieber Scherz Kleinberg and Citerman.

Schaub, Ahmuty, Citrin & Spratt, Lake Success, NY (Steven J. Ahmuty, Jr., of counsel) for appellee Alan D. Rosenthal.

Rossano, Mosé, Hirschhorn & Corleto, P.C., Garden City, NY (Madeleine S. Hirschhorn, of counsel) for appellees Richard Silvergleid and Manhasset Diagnostic Imaging, P.C.

Before: WALKER, McLAUGHLIN, and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge:

Michael Milano and his parents, Christopher and Jeanne Milano, appeal from a judgment entered by the United States District Court for the Eastern District of New York (Nicholas Tsoucalas, Judge1), which dismissed their medical malpractice action against various doctors who treated Michael before it was discovered that he suffered from a malignant tumor.2 The Milanos brought suit claiming...

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