FRATTAROLI v. JOSEPH


295 A.D.2d 562 (2002)

746 N.Y.S.2d 166

MARIA FRATTAROLI et al., Respondents, v. EDGAR S. JOSEPH, Appellant. (And Two Third-Party Actions.)

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

Decided June 24, 2002.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

This wrongful death and dental malpractice action arises out of the alleged failure of the defendant to timely diagnose and treat the plaintiff's decedent's tongue cancer. While the cancerous lesion was not observed by the plaintiff and her decedent until April of 1992, the plaintiff claims that the defendant was negligent in...

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