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LaBARBERA v. NY EYE & EAR

230 A.D.2d 303 (1997)

657 N.Y.S.2d 664

Peter LaBarbera, Appellant, v. New York Eye and Ear Infirmary, Defendant, and Jack M. Shapiro, Respondent

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

May 15, 1997

Attorney(s) appearing for the Case

Scott H. Greenfield of counsel, New York City (Andrew Lavoott Bluestone, attorney), for appellant.

E. Richard Rimmels, Jr., of counsel, Garden City (Bruce A. Cook on the brief; Montfort, Healy, McGuire & Salley, attorneys), for respondent.

WILLIAMS, TOM and ANDRIAS, JJ., concur with MILONAS, J.; MURPHY, P. J., dissents in a separate opinion.

MILONAS, J.

In May 1986, defendant Dr. Jack Martin Shapiro performed a total nasal reconstruction on plaintiff at the New York Eye and Ear Infirmary to correct deformities in plaintiff's nose. At the conclusion of the operation, Dr. Shapiro packed the nasal cavity with Bacitracin gauze and inserted a silastic stent, a shaped piece of plastic, within plaintiff's nose. The purpose of the stent was to provide temporary...

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