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VIOLA v. CITY OF NEW YORK

13 A.D.3d 439 (2004)

786 N.Y.S.2d 556

ANTHONY VIOLA et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and BROADWAY CARDIOPULMONARY, P.C., et al., Respondents.

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

December 13, 2004.

Ordered that the order and judgment is affirmed, with costs.

The plaintiffs alleged, inter alia, that the defendants Broadway Cardiopulmonary, P.C. and Sachal Badlani (hereinafter the defendants) failed to diagnose and treat a subdural hematoma, thereby injuring the plaintiff Anthony Viola (hereinafter the plaintiff). The plaintiff's face and head allegedly were injured during an altercation on January 17, 1999. The results of a CAT

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