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MARTIN EX REL. MARTIN v. MOSCOWITZ

No. 1:02-CV-1281.

448 F.Supp.2d 374 (2006)

Covon MARTIN, a child under the age of 18 years by his mother and guardian Kim MARTIN; and Kim Martin mother and guardian of Covon Martin, Plaintiffs, v. Richard W. MOSCOWITZ, M.D., Defendant.

United States District Court, N.D. New York.

September 5, 2006.

Attorney(s) appearing for the Case

Bradley A. Sacks, Esq., New York, NY, Attorney for Plaintiffs.

Meiselman, Denlea, Packman, Carton & Eberz P.C., Richard J. Nealon, Esq., of Counsel, White Plains, NY, Attorneys for Defendant.

MEMORANDUM-DECISION and ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

This medical malpractice action was brought by Kim Martin on behalf of her then-minor son plaintiff Covon Martin ("Covon" or "plaintiff") alleging medical malpractice by defendant Richard W. Moscowitz, M.D. ("Moscowitz")1. After a jury trial, held November 29, 2004, through December 3, 2004, in Utica, New York, a verdict...

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