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BELLINO v. SPATZ

233 A.D.2d 355 (1996)

650 N.Y.S.2d 751

Josephine M. Bellino, Individually and as Executor of Joseph A. Bellino, Deceased, Appellant, v. Martin Spatz et al., Defendants, and Roberta Berken, as Executor of Arthur Berken, Deceased, Respondent

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

November 12, 1996

Ordered that the order is affirmed, with costs.

The plaintiff's decedent Joseph A. Bellino was a patient of Dr. Arthur Berken (now also deceased), an internist, from 1979 until 1987. Dr. Berken was essentially the family physician. The patient succumbed to, among other illnesses, cancer of the prostate in 1987. The plaintiff, as executor of the patient's estate, commenced this action alleging, inter alia, that Dr. Berken failed to timely diagnose the cancer...

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