AULITA v. CHANG


44 A.D.3d 1206 (2007)

845 N.Y.S.2d 828

MARK AULITA, Respondent, v. THEODORE T. CHANG et al., Appellants.

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

Decided October 25, 2007.


Carpinello, J.

In November 1999, plaintiff consulted with defendant Capital District Urological Surgeons, LLP (hereinafter the Urology Group) complaining of back, bladder, testicular and abdominal pain. Although plaintiff was diagnosed with an umbilical hernia by physician Charles Schwartz at that time, Schwartz indicated that he could "not find any urologic problems" and plaintiff would only be seen "on an as-needed basis if we identify any urologic problems." No...

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