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CALISE v. HEARTLAND MEDICAL SERVICES P.C.

18 Misc.3d 332 (2007)

852 N.Y.S.2d 643

RALPH CALISE et al., Plaintiffs, v. HEARTLAND MEDICAL SERVICES, P.C., et al., Defendants.

Supreme Court, Richmond County.

November 16, 2007.

Attorney(s) appearing for the Case

Patrick Adams, New York City, for Heartland Medical Services, P.C., defendant.

Law Offices of Edward Garfinkel, New York City, for Claire Bornstein, P.A., defendant.

Slater & Sgarlato, Staten Island, for plaintiffs.

OPINION OF THE COURT

JUDITH N. MCMAHON, J.

On September 25, 2003, the plaintiff, Ralph Calise, sustained injuries when the defendants allegedly failed to diagnosis his appendicitis. Plaintiff commenced this action for medical malpractice on June 8, 2004 by filing a summons and complaint. Issue was joined on July 28, 2004. After discovery was complete, the plaintiff agreed to voluntarily discontinue all claims, with prejudice, against defendant Heartland...

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