MAIURI v. PEARLSTEIN


53 A.D.3d 816 (2008)

862 N.Y.S.2d 394

MARCY MAIURI, Appellant, v. GARY E. PEARLSTEIN, Respondent, et al., Defendant.

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

Decided July 10, 2008.


Carpinello, J.

In this action commenced by the filing of a summons with notice on November 17, 2006, plaintiff alleges that defendant Gary E. Pearlstein committed medical malpractice when he operated on the wrong surgical site during a June 2, 2004 excisional biopsy at defendant Columbia Memorial Hospital requiring a second surgical procedure on June 21, 2004. An affidavit of service indicates that plaintiff's process server served Pearlstein on March 5, 2007 by serving...

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