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DMYTRYSZYN v. HERSCHMAN

2009-07873.

78 A.D.3d 1108 (2010)

912 N.Y.S.2d 107

JOHN DMYTRYSZYN, Individually and as Executor of ELIZABETH DMYTRYSZYN, Deceased, Respondent, v. ZVI HERSCHMAN, M.D., Appellant, et al., Defendants.

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

Decided November 30, 2010.

Ordered that the order is reversed, on the law, with costs, and the motion for leave to amend the complaint is denied.

The plaintiff commenced this action, inter alia, to recover damages for medical malpractice and wrongful death against, among others, the appellant, alleging that his negligence in performing an anesthesia-assisted rapid opiate detoxification procedure using the drug propofol (hereinafter the AROD procedure...

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