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MATTIS v. ZHAO

54 A.D.3d 610 (2008)

864 N.Y.S.2d 6

GARY V. MATTIS et al., Appellants, v. KEEN, ZHAO et al., Defendants, and MICHAEL PALMERI, M.D., et al., Respondents.

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

September 18, 2008.

Plaintiff Gary Mattis injured his left shoulder in a motor vehicle accident. Surgery was performed at Sound Shore with anesthesia being administered by Ginsberg, who was not an employee of Sound Shore. The surgery was successful and plaintiff initially awoke from the anesthesia and was responsive in the operating room. However, by the time he arrived at the recovery room or shortly thereafter, he was unresponsive, had an elevated...

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