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CADICHON v. FACELLE

No. 205.

18 N.Y.3d 230 (2011)

938 N.Y.S.2d 232

2011 NY Slip Op 8447

JULIETTE DEJOIE CADICHON et al., Appellants, v. THOMAS FACELLE, M.D., et al., Respondents.

Court of Appeals of New York.

Decided November 21, 2011.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & De Cicco, New York City ( Brian J. Isaac of counsel), and Paul B. Weitz & Associates, P.C., for appellants.

Martin Clearwater & Bell LLP, New York City ( Stewart G. Milch , Joseph L. DeMarzo and John J. Barbera for Thomas Facelle, M.D., respondent.

Steinberg, Symer & Platt, LLP, Poughkeepsie ( Jonathan Symer and Ellen Fischer Bopp of counsel), for Good Samaritan Hospital, respondent.

McAloon & Friedman, P.C., New York City ( Gina Bernardi DiFolco of counsel), for Montefiore Medical Center, respondent.

Clausen Miller, P.C., New York City ( Edward M. Tobin of counsel), for Louis May, M.D., respondent.

Chief Judge LIPPMAN and Judges CIPARICK and JONES concur with Judge PIGOTT; Judge GRAFFEO dissents and votes to affirm in a separate opinion in which Judges READ and SMITH concur.

OPINION OF THE COURT

PIGOTT, J.

In May 2003, plaintiffs Juliette and Jean Cadichon commenced a medical malpractice action against defendants Thomas Facelle, M.D., Good Samaritan Hospital and Montefiore Medical Center for injuries allegedly sustained by Mrs. Cadichon during surgery in July 2002. The trial court executed a preliminary and compliance conference order in August 2003 and May 2004, respectively, concerning the parties' discovery obligations and...

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