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CASEY v. TAN

255 A.D.2d 900 (1998)

680 N.Y.S.2d 391

Ralph Casey, as Executor of Patricia Casey, Deceased, Respondent, v. Conchita Tan, Appellant. (Appeal No. 2.)

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

November 13, 1998

Amended judgment unanimously reversed on the law without costs and new trial granted.

Memorandum:

Defendant appeals from an amended judgment in favor of plaintiff in this wrongful death action based upon defendant's alleged failure timely to diagnose ovarian cancer in plaintiff's decedent. Defendant argues that Supreme Court erroneously precluded her from offering evidence on the issue of proximate cause. We agree...

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