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MASIK v. LUTHERAN MEDICAL CENTER

2011-02412.

92 A.D.3d 733 (2012)

939 N.Y.S.2d 95

2012 NY Slip Op 1219

MIHAIL MASIK, Appellant, v. LUTHERAN MEDICAL CENTER, Defendant, and NAWAIZ AHMAD, Respondent.

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

Decided February 14, 2012.

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

The plaintiff underwent surgery, performed by the defendant Nawaiz Ahmad (hereinafter the defendant), to repair a deep laceration to his forearm. After the surgery, the plaintiff developed a granuloma in his forearm, requiring a second surgery, which was performed by nonparty Dr. Leonard Edelstein. Dr. Edelstein noted in his operative report that, during that procedure, "a

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