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GOLDSMITH v. TAVERNI

2011-00717.

90 A.D.3d 704 (2011)

935 N.Y.S.2d 39

2011 NY Slip Op 9089

IRA GOLDSMITH et al., Appellants, v. JOSEPH P. TAVERNI et al., Respondents.

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

Decided December 13, 2011.

Ordered that the order is affirmed, with costs.

The plaintiff Ira Goldsmith and his wife, suing derivatively, commenced this action to recover damages for medical malpractice, alleging that the defendants failed to diagnose the injured plaintiff's conditions of thoracic outlet syndrome and reflex sympathetic dystrophy. The defendants moved for summary judgment dismissing the complaint, and the Supreme Court granted the motion...

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