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SMITH v. TABB

21 A.D.3d 1323 (2005)

801 N.Y.S.2d 652

CYNTHIA SMITH et al., Appellants-Respondents, v. ALAN J. TABB et al., Respondents, and IRA DAVENPORT MEMORIAL HOSPITAL, Respondent-Appellant.

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

September 30, 2005.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiffs commenced this action seeking damages for injuries allegedly sustained by Cynthia Smith (plaintiff) on her left knee during a surgical procedure on her left foot. According to plaintiffs, plaintiff's left knee was burned during the surgical procedure. Plaintiffs contend on appeal that Supreme Court erred in denying that...

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