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DITINGO v. DREYFUSS

27 A.D.3d 1024 (2006)

812 N.Y.S.2d 165

JOSEPHINE DITINGO et al., Respondents, v. DAVID DREYFUSS, Individually and as Agent, Officer and/or Employee of SURGICAL ASSOCIATES, P.C., et al., Defendants, GARABED A. FATTAL, Individually and as Agent, Officer and/or Employee of UNITED MEDICAL ASSOCIATES, P.C., Appellant, and OUR LADY OF LOURDES MEMORIAL HOSPITAL, Respondent.

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

March 30, 2006.

Spain, J.

In November 2000, plaintiff Josephine Ditingo (hereinafter plaintiff), then age 82, had an annual mammogram and ultrasound of her right breast.* The following month, her vascular surgeon, defendant David Dreyfuss, performed a stereotactic breast biopsy to determine the nature of a lesion observed during the mammogram. The biopsy was sent to the pathology department at defendant Our Lady of Lourdes Memorial Hospital, and defendant...

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