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HUMPHREY v. CARTAGENA

55 A.D.3d 333 (2008)

865 N.Y.S.2d 200

SUJEIRI HUMPHREY, Appellant, v. RAMON CARTAGENA, Defendant, and VAUL TRUST et al., Respondents.

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

October 7, 2008.

Plaintiff, who voluntarily underwent urodynamic studies by her own physician without adverse effects, failed to make a prima facie showing that a repeat urodynamic study would pose a serious threat to her health (see Chavoustie v New York Hosp.—Cornell Med. Ctr., 253 A.D.2d 702 [1998], lv denied 93 N.Y.2d 805 [1999]). Her doctor's conclusory assertion that a repeat procedure was "contraindicated" because it would cause...

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