DAVIDSON v. O'BRIEN


21 A.D.3d 1330 (2005)

801 N.Y.S.2d 861

JEFFREY E. DAVIDSON, as Executor of DONALD L. DAVIDSON, Deceased, et al., Appellants, v. JOHN G. O'BRIEN, M.D., et al., Respondents.

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 reversed on the law without costs, the motion is denied and the complaint is reinstated.

Memorandum:

Donald L. Davidson (decedent) was treated by John G. O'Brien, M.D. (defendant) on numerous occasions from 1991 through 2002. Although decedent complained of erectile dysfunction in 1989 and 1992, he made no further complaints of such dysfunction until March 1999. At that...

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