GIARDINO v. BERANBAUM


279 A.D.2d 282 (2001)

720 N.Y.S.2d 3

JOSEPH GIARDINO et al., Appellants, v. SAMUEL L. BERANBAUM, M.D., et al., Respondents.

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

Decided January 9, 2001.


In this action, plaintiff Joseph Giardino alleges that a radiological technologist employed by defendant told him, after taking X-rays of his arm, that everything was fine and that he merely had a bruise. The technologist then advised plaintiff to take Tylenol and return to work. Relying upon this information, plaintiff allegedly delayed necessary surgical treatment for his injured bicep, a delay that rendered his injury irreparable. Supreme Court dismissed plaintiffs' complaint...

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