STEWART v. OLEAN MEDICAL GROUP, P.C.


17 A.D.3d 1094 (2005)

795 N.Y.S.2d 420

LARRY STEWART, Individually and as Administrator of the Estate of SHERRY L. STEWART, Deceased, Respondent, v. OLEAN MEDICAL GROUP, P.C., et al., Appellants.

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

April 29, 2005.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law and in the interest of justice without costs and a new trial is granted.

Memorandum:

Plaintiff commenced this action to recover damages for the wrongful death and pain and suffering of decedent, which allegedly resulted from the malpractice of her gynecologist, T.S. Wojcik, M.D. (defendant). Supreme Court properly denied that part of the motion...

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