JAMES v. WORMUTH

CA 11-00814.

93 A.D.3d 1290 (2012)

941 N.Y.S.2d 388

2012 NY Slip Op 2196

MARGUERITE JAMES, Appellant, v. DAVID WORMUTH, M.D., et al., Respondents. (Appeal No. 2.)

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

Decided March 23, 2012.


It is hereby ordered that the judgment so appealed from is affirmed without costs.

Memorandum: Plaintiff commenced this medical malpractice action seeking damages arising from an operative procedure to remove a node from her lung. On a prior appeal, we reversed the order insofar as appealed from, denied defendants' motion for summary judgment dismissing the complaint and reinstated the complaint (James v Wormuth, 74 A.D.3d 1895<...

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