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TOEPP v. MYERS COMMUNITY HOSPITAL

280 A.D.2d 921 (2001)

721 N.Y.S.2d 177

ELFRIEDE TOEPP et al., Respondents, v. MYERS COMMUNITY HOSPITAL, Defendant, and GRAHAM R. HUCKELL, Appellant.

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

Decided February 7, 2001.

Order unanimously reversed on the law without costs, motion granted and amended complaint against defendant Graham R. Huckell, M.D. dismissed.

Memorandum:

Plaintiffs commenced this action seeking damages for injuries sustained by Elfriede Toepp (plaintiff) when Graham R. Huckell, M.D. (defendant) inadvertently used a bandage containing a surgical or hypodermic needle while applying a cast to plaintiff's foot. The needle became lodged in plaintiff's foot, allegedly...

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