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YANKUS v. KELLY

2008-09551.

72 A.D.3d 1068 (2010)

900 N.Y.S.2d 120

EDWARD YANKUS, Appellant, v. JAMES R. KELLY et al., Respondents, et al., Defendant.

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

Decided April 27, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

On June 24, 1999, LASIK eye surgery was performed on the plaintiff at the defendant Manhattan Eye, Ear, & Throat Hospital (hereinafter the Hospital) by the defendant David Leventer under the supervision of the defendant James R. Kelly. Two postoperative visits revealed that the plaintiff recovered almost perfect vision in both eyes. In March 2000...

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