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DOLAWAY v. UROLOGY ASSOCIATES OF NORTHEASTERN NEW YORK, P.C.

507291.

72 A.D.3d 1238 (2010)

897 N.Y.S.2d 776

ARTHUR L. DOLAWAY et al., Appellants, v. UROLOGY ASSOCIATES OF NORTHEASTERN NEW YORK, P.C., et al., Respondents.

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

Decided April 8, 2010.

ROSE, J.

When plaintiff Arthur L. Dolaway (hereinafter plaintiff) underwent endoscopic surgery to remove a kidney stone, two broken pieces of guide-wire sheathing were left in his ureter. Alleging that plaintiff was injured as a result of defendant surgeon's failure to, among other things, remove all of the sheathing at the conclusion of the surgery, plaintiffs commenced this medical malpractice action. Defendants later moved for summary judgment dismissing the complaint...

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