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STEWART v. PRESBYTERIAN HOSPITAL IN THE CITY OF NEW YORK

12 A.D.3d 201 (2004)

784 N.Y.S.2d 521

CATHERINE STEWART, Appellant, v. PRESBYTERIAN HOSPITAL IN THE CITY OF NEW YORK, Defendant, and NEW YORK MEDICAL GROUP, P.C., et al., Respondents. (And a Third-Party Action.)

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

November 9, 2004.

Defendants-respondents doctors were consulted by plaintiff's decedent respecting a growth on her arm. Both doctors recommended that the growth be either excised or biopsied and scheduled such procedures. Although the decedent, without explanation, did not appear for the excision procedure scheduled by defendant doctor Cardone, the growth was subsequently biopsied by defendant doctor Ayuyao and eventually determined to be malignant. The expert affidavit submitted by defendant...

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