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SIMMONS v. NEUMAN

50 A.D.3d 666 (2008)

855 N.Y.S.2d 189

LOUISE SIMMONS, Appellant, v. DAVID T. NEUMAN et al., Respondents.

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

Decided April 1, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action to recover damages for medical malpractice after she allegedly suffered burns to her right thigh during surgery on her right shoulder. After issue was joined, but prior to the completion of disclosure, the plaintiff moved for summary judgment on the issue of liability pursuant to the doctrine of res ipsa loquitur...

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