BOZEK v. DERKATZ


55 A.D.3d 1311 (2008)

865 N.Y.S.2d 163

DARLEEN A. BOZEK, Appellant, v. DANUTA T. DERKATZ, M.D., et al., Respondents.

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

October 3, 2008.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the motion is denied without prejudice.

Memorandum:

Plaintiff commenced this action seeking damages for injuries she sustained as a result of defendants' allegedly negligent prescription of a certain drug, despite defendants' knowledge that plaintiff had a history of, inter alia, gastric ulcers. Plaintiff alleged in her bill of particulars that her injuries...

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