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SMITH v. UNIVERSITY DIAGNOSTIC MEDICAL IMAGING, P.C.

43 A.D.3d 344 (2007)

842 N.Y.S.2d 9

JERRY C. SMITH, Individually and as Administrator of the Estate of DELOIS SMITH, Deceased, Appellant, v. UNIVERSITY DIAGNOSTIC MEDICAL IMAGING, P.C., et al., Defendants, and JACK D. WEILER HOSPITAL OF THE ALBERT EINSTEIN COLLEGE OF MEDICINE, a Division of MONTEFIORE MEDICAL CENTER, et al., Respondents.

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

Decided August 23, 2007.

The "Montefiore" defendants established, through medical records, deposition testimony and two medical expert affirmations, prima facie entitlement to summary dismissal of the medical malpractice and wrongful death allegations premised on failure to diagnose and treat in a timely fashion the decedent's intraductal carcinoma that was discovered in her breast during an examination by Dr. Sparano, a medical oncologist, conducted in August 2000. Plaintiff's opposition papers...

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