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SWARTZ v. ST. MARY'S HOSP. OF AMSTERDAM

104760, 514360.

101 A.D.3d 1273 (2012)

956 N.Y.S.2d 243

2012 NY Slip Op 8584

DAVID SWARTZ, Appellant, v. ST. MARY'S HOSPITAL OF AMSTERDAM et al., Defendants, and JANET ALLOWAY et al., Respondents.

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

December 13, 2012.

Stein, J.

Plaintiff presented at defendant St. Mary's Hospital of Amsterdam following a dirt bike accident. He was evaluated in the emergency department by defendant Janet Alloway, a physician's assistant, who sent plaintiff for X rays. A radiologist subsequently determined that plaintiff had suffered a medial tibial plateau fracture. Alloway later testified that, upon learning of this diagnosis, she contacted an orthopedic...

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