GOLDFARB v. ST. CHARLES HOSPITAL & REHABILITATION CENTER


2 A.D.3d 579 (2003)

769 N.Y.S.2d 575

SUSAN GOLDFARB et al., Respondents, v. ST. CHARLES HOSPITAL & REHABILITATION CENTER et al., Respondents, and EDWARD BORDEN, Appellant.

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

December 15, 2003.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the defendant Edward Borden, and the action against the remaining defendants is severed.

While conducting a laparoscopy on the plaintiff Susan Goldfarb (hereinafter the plaintiff), Dr. Michael Arato inserted into the plaintiff's abdomen a trochar, a sharp instrument used to insert a...

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