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STATES v. LOURDES HOSP.

188 Misc.2d 420 (2001)

728 N.Y.S.2d 653

KATHLEEN STATES et al., Plaintiffs, v. LOURDES HOSPITAL et al., Defendants.

Supreme Court, Tompkins County.

June 6, 2001.

Attorney(s) appearing for the Case

Levene, Gouldin & Thompson, Binghamton (David M. Gouldin of counsel), for Kenneth Mintz, defendant.

Cherundolo, Bottar & Leone, Syracuse (Daniel R. Seidberg of counsel), and Foley, McLane, Foley, McDonald & MacGregor, Scranton, Pennsylvania (Thomas J. Foley, Jr., of the Pennsylvania Bar, admitted pro hoc vice, of counsel), for plaintiffs.

OPINION OF THE COURT

WALTER J. RELIHAN, JR., J.

I. The Facts

This is a motion by the defendant anesthesiologist, Dr. Mintz, for summary judgment dismissing the medical malpractice complaint of Kathleen and Dennis States.

Surgery was performed upon Kathleen States on July 25, 1995 for the removal of an ovarian cyst. The operation was completed successfully. The action against...

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