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PANZARINO v. WEISBERG

257 A.D.2d 483 (1999)

684 N.Y.S.2d 208

PATRICIA PANZARINO, Respondent, v. JEFFREY A. WEISBERG, M.D., P. C., et al., Appellants, et al., Defendants.

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

Decided January 21, 1999.

In this action for wrongful death resulting from medical malpractice based upon defendant Hammer's failure to perform an EKG seven weeks before decedent's fatal heart attack, the illness of a juror during deliberations, which may have caused her to undergo an EKG before she was allowed to rejoin the jury, does not furnish a predicate for the direction of a new trial. There is no indication that the court's inquiries at that time...

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