DANKOVICH v. WEISINGER


305 A.D.2d 105 (2003)

758 N.Y.S.2d 334

JOAN DANKOVICH et al., Appellants, v. BARBARA WEISINGER, M.D., Respondent.

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

Decided May 1, 2003.


Plaintiff's husband advised the trial court that plaintiff was too ill to appear in court for trial, that she had undergone chemotherapy and radiation for colon cancer and suffered significant radiation damage, that she had no control over her bowels and defecated 15 to 20 hours a day into diapers, and that she was in extreme pain. In addition, the court received an affirmation from plaintiff's surgeon stating that, upon examining plaintiff the day before she was ordered...

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