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DUFFY v. VOGEL

49 A.D.3d 22 (2007)

849 N.Y.S.2d 52

ELEANOR DUFFY, Respondent, v. JAMES M. VOGEL et al., Appellants.

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

December 20, 2007.

Attorney(s) appearing for the Case

Aaronson, Rappaport, Feinstein & Deutsch, LLP, New York City (Anthony J. Connors of counsel), for James M. Vogel and another, appellants.

Heidell, Pittoni, Murphy & Bach, LLP, New York City (Daniel S. Ratner of counsel), for Allan J. Jacobs, appellant.

Jonthan M. Landsman, New York City, for respondent.

MAZZARELLI, J.P., and SAXE, J., concur with KAVANAGH, J.; SULLIVAN and CATTERSON, JJ., dissent in a separate opinion by CATTERSON, J.

OPINION OF THE COURT

KAVANAGH, J.

Plaintiff commenced this medical malpractice action claiming she sustained permanent injuries as a result of the two defendant physicians' failure to detect, diagnose and properly treat a granular cell tumor found in her pelvic area. The jury ultimately concluded that neither defendant was negligent, but did find that two nonparty physicians were responsible for plaintiff's injuries and set the amount of her damages at ...

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