DELEON v. SONIN & GENIS


303 A.D.2d 291 (2003)

757 N.Y.S.2d 263

WALTER DELEON, Respondent, v. SONIN & GENIS et al., Appellants.

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

Decided March 25, 2003.


Plaintiff broke his ankle, underwent surgery and had hardware inserted in June 1994. Based on his complaints of numbness and toe discoloration, plaintiff was treated during May and August 1995 at the hospital where his surgery had been performed. Hospital records indicate that the ankle was in "perfect position and alignment," that EMG tests and nerve conduction studies were normal and that plaintiff got better after edges of his cast were cut. Nonetheless, in October 1995...

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