APIKOGLU v. LEITMAN

2010-02369.

92 A.D.3d 623 (2012)

937 N.Y.S.2d 888

2012 NY Slip Op 919

HILDA APIKOGLU, Individually and as Administrator of the Estate of KIRKOR APIKOGLU, Deceased, Appellant, v. MICHAEL LEITMAN, Respondent, et al., Defendant.

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

Decided February 7, 2012.


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

The Supreme Court providently exercised its discretion in precluding the plaintiff's expert from testifying that the failure to perform CT scans on the plaintiff's decedent between April 9, 2002, and April 11, 2002, as well as the failure to perform a third surgery, were departures from the accepted standard of care. The plaintiff failed to give notice prior to trial of the specific...

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