EVANS v. ABITBOL


1 A.D.3d 313 (2003)

766 N.Y.S.2d 578

TROY EVANS et al., Respondents, v. JEAN J. ABITBOL et al., Defendants, and JOYCE E. HONOROF et al., Appellants.

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

November 3, 2003.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the cross motion is denied, and the amended complaint is dismissed insofar as asserted against the appellants.

The plaintiff Troy Evans (hereinafter the plaintiff) underwent back surgery at the defendant Huntington Hospital on February 21, 1997. The surgery was performed by the defendants Dr. Jean Jacques Abitbol and Dr. Harry Mayer. Two days later, on February 23, 1997, the plaintiff...

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