VARTABEDIAN v. HOSPITAL FOR SPECIAL SURGERY, P.H.O., INC.


292 A.D.2d 520 (2002)

740 N.Y.S.2d 357

MICHAEL VARTABEDIAN et al., Appellants, v. HOSPITAL FOR SPECIAL SURGERY, P.H.O., INC., et al., Respondents.

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

Decided March 18, 2002.


Ordered that the judgment is reversed, on the law and the facts, and a new trial is granted, with costs to abide the event.

The plaintiff Michael Vartabedian contracted polio as a child and, since that time, has worn a leg brace. On January 23, 1998, he fell and was injured when his leg brace broke. He and his wife commenced this action against the defendants, who examined the brace at Vartabedian's request on January 7, 1998, contending that they were negligent in...

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