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JAMES v. WORMUTH

No. 126.

21 N.Y.3d 540 (2013)

997 N.E.2d 133

974 N.Y.S.2d 308

2013 NY Slip Op 4839

MARGUERITE JAMES, Appellant, v. DAVID WORMUTH, M.D., et al., Respondents.

Court of Appeals of New York.

Decided June 27, 2013.

Attorney(s) appearing for the Case

Woodruff L. Carroll , Syracuse, for appellant.

Martin, Ganotis, Brown, Mould & Currie, P.C., DeWitt ( Mark L. Dunn and Daniel P. Laraby of counsel), for respondents.

OPINION OF THE COURT

RIVERA, J.

Plaintiff Marguerite James commenced this medical malpractice action against defendants Dr. David Wormuth and his practice, CNY Thoracic Surgery, P.C., after he failed to remove a localization guide wire during a biopsy of an area on plaintiff's lung. On this appeal from the Appellate Division order affirming the dismissal of her amended complaint, we affirm.

In October 2004, a guide wire inserted into the plaintiff...

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