KIRKER v. NICOLLA JR.


256 A.D.2d 865 (1998)

681 N.Y.S.2d 689

DIANE KIRKER et al., Appellants, v. THOMAS C. NICOLLA, JR., Doing Business as WORK ASSESSMENT AND CONDITIONING CENTER OF EASTERN NEW YORK, et al., Respondents.

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

Decided December 17, 1998.


Spain, J.

On November 12, 1992 plaintiff Diane Kirker (hereinafter plaintiff) underwent two surgical procedures in the form of a breast biopsy performed by Roger Malebranche and a gastrointestinal bypass which was performed by Oscar Lirio. Approximately six weeks after the procedures, plaintiff returned to work as a security guard at Schenectady International (hereinafter the employer) where she had been employed as a custodian prior to the surgery. The change in...

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