DELTORO v. ARYA


305 A.D.2d 628 (2003)

760 N.Y.S.2d 201

JOSEPHINE DELTORO, Appellant, v. YASHPAL ARYA et al., Respondents.

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

Decided May 27, 2003.


Ordered that the order dated June 21, 2002, is reversed insofar as appealed from, on the law, with one bill of costs, upon reargument, the order dated April 5, 2002, is vacated, the motions are denied, and the complaint is reinstated.

The plaintiff commenced this action to recover damages for medical malpractice. She alleged that the defendant, Dr. Yashpal Arya, negligently performed an upper gastrointestinal endoscopy on April 6, 1999, at the defendant Wyckoff Heights...

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