DARLING v. SCOTT, M.D.


46 A.D.3d 1363 (2007)

849 N.Y.S.2d 142

ALICE M. DARLING, Individually and as Executrix of ROBERT J. DARLING, Deceased, Respondent, v. NORMAN SCOTT, M.D., et al., Appellants.

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

Decided December 21, 2007.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motions are granted and the complaint is dismissed.

Memorandum:

Plaintiff commenced this medical malpractice and wrongful death action individually and on behalf of the estate of her husband (decedent), alleging, inter alia, that defendants failed to diagnose and treat decedent's cancer in a timely manner. At an appointment with...

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