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STANSKI v. EZERSKY

250 A.D.2d 422 (1998)

673 N.Y.S.2d 90

Herman Stanski et al., Appellants, v. William M. Ezersky et al., Respondents

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

May 12, 1998

The motion was properly denied. The medical articles on which plaintiff relies to show that a causal relationship between the anesthesia he was administered and the abdominal myoclonus he suffers from is generally accepted in the scientific community either were not in existence at the time the action was pending, or, if they were in existence, could have been discovered by the exercise of due diligence and introduced at the trial...

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