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GUSHLAW v. ROLL

290 A.D.2d 667 (2002)

735 N.Y.S.2d 667

PATRICIA GUSHLAW, Individually and as Executor of CECIL J. GUSHLAW, Deceased, Respondent, v. KENNETH S. ROLL, Appellant.

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

Decided January 10, 2002.

Crew III, J.

On January 23, 1995 defendant, a maxillofacial surgeon, extracted the lower right wisdom tooth and molar of Cecil J. Gushlaw (hereinafter decedent). Immediately following the surgery, decedent experienced pain in his jaw, neck and left shoulder, as the result of which he ultimately underwent surgery for the removal of two herniated cervical discs. Consequently, decedent and plaintiff, his wife, commenced this...

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