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DALLAS-STEPHENSON v. WAISMAN, M.D.

39 A.D.3d 303 (2007)

833 N.Y.S.2d 89

VICTORIA DALLAS-STEPHENSON et al., Appellants, v. JERRY WAISMAN, M.D., et al., Defendants, and PARK AVENUE MEDICAL IMAGING & MAMMOGRAPHY, P.C., et al., Respondents.

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

Decided April 12, 2007.

Defendant Dr. Vaynshelbaum was the sole owner and only radiologist at Park Avenue Medical Imaging & Mammography. On February 21, 2001, plaintiff Dallas-Stephenson, then 50 years old, consulted Dr. Vaynshelbaum for a routine mammogram and sonogram. She reported no preexisting breast problems. The results of these tests and physical examination were unremarkable.

In the fall of 2001, Dallas-Stephenson felt a mass in her...

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