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DURSO v. CITY OF NEW YORK

251 A.D.2d 8 (1998)

673 N.Y.S.2d 651

Robert Durso et al., Appellants, v. City of New York et al., Respondents

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

June 2, 1998

In the course of evaluating whether plaintiff's back injury disabled him from performing limited police duty, defendant police surgeon allegedly conferred with plaintiff's treating physicians, examined his records, ordered at least one diagnostic test, and on one occasion recommended that plaintiff not take a prescribed pain medication that made him nauseous. These actions did not constitute "advice" or "treatment" such as might take...

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