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ZITO v. ZABARSKY

28 A.D.3d 42 (2006)

812 N.Y.S.2d 535

PAMELA ZITO, Appellant, v. GARY ZABARSKY, Respondent.

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

January 24, 2006.

Attorney(s) appearing for the Case

Samuel & Weininger, Lake Success (Mary Beth Ott of counsel), for appellant.

Wagner Doman & Leto, P.C., Mineola (Daniel F. Doman of counsel), for respondent.

Cozier, J.P., Crane and Skelos, JJ., concur.

OPINION OF THE COURT

LUCIANO, J.

The plaintiff brought this action to recover damages for medical malpractice against her primary care physician, who treated her, inter alia, for a high cholesterol level. Initially, the defendant prescribed daily 20 milligram doses of the statin drug Pravachol and, thereafter, increased the dose to 40 milligrams. The defendant subsequently changed the plaintiff's cholesterol...

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