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MASOTTO v. LEDDY

18 A.D.3d 452 (2005)

794 N.Y.S.2d 434

PETER MASOTTO et al., Appellants, v. VINCENT R. LEDDY et al., Respondents.

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

May 2, 2005.

The plaintiffs allege that the defendants failed to timely diagnose the plaintiff Peter Masotto (hereinafter Masotto) with esophageal cancer. The defendants made a prima facie showing that they did not deviate from good and accepted medical practice in treating Masotto (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851 [1985]). The defendants' submissions demonstrated that Masotto's complaints and physical manifestations were...

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