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SINCLAIR v. CAHAN

240 A.D.2d 152 (1997)

657 N.Y.S.2d 698

Denise Sinclair et al., as Coexecutrices of Florence S. Kourland, Deceased, Appellants, v. William G. Cahan et al., Respondents

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

June 3, 1997

Plaintiffs' decedent, complaining of pain and insensitivity in her left breast, first saw defendant Dr. Cahan, a thoracic surgeon, in January 1980. Since 1975, she had had a cyst in that breast, which was aspirated five days before seeing Dr. Cahan, and she had undergone several mammograms. From then on, Dr. Cahan saw her periodically.

In July 1980 the decedent's condition was unchanged, and a chest X-ray was negative. The...

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