PETERSON v. LOVECCHIO

2011-00635

91 A.D.3d 928 (2012)

937 N.Y.S.2d 331

2012 NY Slip Op 765

JERRY L. PETERSON et al., Appellants, v. JOHN L. LOVECCHIO et al., Respondents.

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

Decided January 31, 2012.


Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.

The plaintiffs' decedent underwent surgeries, performed in succession by the defendants John L. Lovecchio and George DeNoto. While the decedent's immediate post-operative course was uneventful, she became ill after being discharged from the hospital, and, upon her re-admission, it was discovered that she had a perforation...

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