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LAKE v. KARDJIAN

22 Misc.3d 960 (2008)

874 N.Y.S.2d 751

WILLIAM D. LAKE et al., Plaintiffs, v. PAUL M. KARDJIAN, M.D., Individually and as an Agent, Officer and/or Employee of CNY UROLOGY, P.C., and as an Agent, Officer and/or Employee of UNITED STATES PROVIDERS, LLC, et al., Defendants.

Supreme Court of the State of New York, Madison County.

December 17, 2008.

Attorney(s) appearing for the Case

Carter Conboy Case Blackmore Maloney & Laird, P.C., Albany (Edward D. Laird, Jr., of counsel), for Urologix, Inc., defendants.

Martin Ganotis Brown Mould & Currie, P.C., DeWitt (John Ganotis of counsel), for Paul M. Kardjian, M.D., and others, defendants.

Bottar Leone, PLLC, Syracuse (Timothy J. DeMore of counsel), for plaintiffs.

OPINION OF THE COURT

PHILLIP R. RUMSEY, J.

Defendant Urologix, Inc. manufactures the Targis System, which utilizes microwave energy to heat and destroy hyperplastic prostate tissue to treat the symptoms caused by benign prostatic hyperplasia, or an enlarged prostate, in a procedure known as transurethral microwave therapy (TUMT). On July 11, 2001, defendant Dr. Kardjian used the Targis System to perform TUMT on plaintiff William D. Lake.

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