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HEIN v. CORNWALL HOSP.

302 A.D.2d 170 (2003)

753 N.Y.S.2d 71

JEFFREY S. HEIN, Appellant, v. CORNWALL HOSPITAL et al., Respondents, et al., Defendant.

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

January 9, 2003.

Attorney(s) appearing for the Case

Joseph J. Pierini for appellant.

David A. Shimkin of counsel, New York City (Erik Kapner on the brief; Martin Clearwater & Bell, attorneys), for respondents.

Catherine R. Richter of counsel (Kopff, Nardelli & Dopf LLP, attorneys), for defendant.

MAZZARELLI, J.P., BUCKLEY and ELLERIN, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

In this medical malpractice action commenced on January 22, 1999, based on, inter alia, the failure to diagnose and treat timely an obstruction of the bowel, resulting in various corrective surgeries and gastrointestinal injuries, as well as extensive loss of the bowel, plaintiff charges defendants with malpractice committed on July 17, 1996, July 20, 1996, July 20 through July 24, 1996 and July 29, 1996. At issue is the...

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