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LEIBOWITZ v. MT. SINAI HOSPITAL

296 A.D.2d 340 (2002)

745 N.Y.S.2d 166

JOSEPH LEIBOWITZ, Individually and as Executor of DEBORAH LEIBOWITZ, Deceased, Appellant, v. MT. SINAI HOSPITAL et al., Respondents.

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

Decided July 18, 2002.

The deceased, diagnosed with advanced colon cancer, underwent a colonic resection in June 1997 performed by defendant, Dr. L. Brian Katz of Laparoscopic Surgical Center of N.Y., at Mt. Sinai Hospital. Both the Center and the Hospital are also named as defendants. The second stage of the surgery, known as "ileo-anal pull-through," was to be performed several months later. The purpose of the second surgical procedure was to prevent the cancer from recurring within the residual...

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