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VANDERBURG v. BRODMAN

231 A.D.2d 146 (1997)

660 N.Y.S.2d 438

James Vanderburg, Respondent, v. Harold Brodman et al., Defendants and Third-Party Plaintiffs. Simeon Carvajal, Third-Party Defendant-Appellant

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

August 7, 1997

Attorney(s) appearing for the Case

W. Charles Robinson of counsel, New York City (C. Robinson & Associates, P. C., attorneys), for respondent.

John W. Barker of counsel, New York City (Karen Hutson on the brief; Ellenberg & Hutson, L. L. P., attorneys), for third-party defendant-appellant.

MILONAS, WILLIAMS and TOM, JJ., concur.

SULLIVAN, J. P.

In January 1996, almost four years after plaintiff sued defendant Dr. Harold Brodman, a surgeon who had operated on plaintiff's decedent at defendant Montefiore Hospital on June 26, 1991, plaintiff asserted a direct cause of action against Dr. Simeon Carvajal, who had last treated the decedent on April 29, 1991, when he performed a colonoscopy on her at a different hospital. The claim against...

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