WILCOX v. WINTER


282 A.D.2d 862 (2001)

722 N.Y.S.2d 836

DOROTHEA WILCOX, Individually and as Administrator of the Estate of ROBERT W. WILCOX, SR., Deceased, Respondent, v. DUNCAN F. WINTER, Appellant, et al., Defendant.

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

Decided April 12, 2001.


Carpinello, J.

Plaintiff is the widow of Robert W. Wilcox, Sr., as well as the administrator of his estate. This medical malpractice action stems from the ophthalmological treatment of Wilcox by defendant Duncan F. Winter (hereinafter defendant) between January 1992 and December 1992. Wilcox presented himself to defendant with complaints of eye tearing, inflammation, discomfort and loss of vision in both eyes, particularly his left eye. Plaintiff maintains that defendant...

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