CICIO v. DOES

No. 01-9248.

385 F.3d 156 (2004)

Bonnie CICIO, individually and as Administratrix of the Estate of Carmine Cicio, Plaintiff-Appellant, v. John DOES 1-8, Defendants, Vytra Healthcare, and Brent Spears, M.D., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Final Submission: August 13, 2004.

Decided: September 23, 2004.


Attorney(s) appearing for the Case

David L. Trueman, Mineola, NY, for Plaintiff-Appellant.

Michael H. Bernstein, Sedgwick, Detert, Moran & Arnold, LLP (Colleen A. Tan, of counsel), New York, NY, for Defendants-Appellees.

Harold N. Iselin, Greenberg Traurig, LLP (Hank M. Greenberg, of counsel), Albany, NY, submitted a brief for Amicus Curiae New York Health Plan Association of New York, Inc.

John N. Ekdahl, General Counsel, American Medical Association (Donald R. Moy, of counsel), Chicago, IL, submitted a brief for Amici Curiae American Medical Association and Medical Society of the State of New York.

Before: CALABRESI, SACK, and B.D. PARKER, Circuit Judges.


PER CURIAM.

Our previous decision reversing in part the judgment of the United States District Court for the Eastern District of New York (Joanna Seybert, Judge) dismissing the plaintiff's complaint, and remanding for further proceedings, is vacated and the judgment of the district court is affirmed.

We previously affirmed the district court's disposition of the timeliness and misrepresentation claims, but vacated its resolution of the medical malpractice...

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