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  5. 89 N.Y.2d 489 (1997)
 

KAMBAT v. ST. FRANCIS HOSP.

89 N.Y.2d 489 (1997)

678 N.E.2d 456

655 N.Y.S.2d 844

Janet Kambat, Individually and as Executrix of Florence J. Fenzel and Another, Deceased, et al., Appellants, v. St. Francis Hospital et al., Respondents, et al., Defendant.

Court of Appeals of the State of New York.

Decided February 13, 1997.

Attorney(s) appearing for the Case

Raichle, Banning, Weiss & Stephens, Buffalo (R. William Stephens and R. Hugh Stephens of counsel), for appellants.

Damon & Morey LLP, Buffalo (Julie M. Bargnesi and Michael J. Willett of counsel), for St. Francis Hospital, respondent.

Saperston & Day, P. C., Buffalo (Albert J. D'Aquino of counsel), for Ralph C. Sperrazza, respondent.

Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur; Judge TITONE taking no part.

Chief Judge KAYE.

In this medical malpractice action, an 18-by-18-inch laparotomy pad was discovered in the abdomen of plaintiffs' decedent following a hysterectomy performed by defendant physician at defendant hospital. The question before us is whether plaintiffs were entitled to submit the case to the jury on the theory of res ipsa loquitur. Contrary to the trial court and Appellate Division, we conclude that...

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