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TORCHIA v. GARVEY

306233/10, 12650NA, 12650N.

118 A.D.3d 426 (2014)

987 N.Y.S.2d 62

2014 NY Slip Op 3959

JOANNE TORCHIA et al., Respondents, v. RICHARD C. GARVEY, M.D., et al., Appellants.

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

Decided June 3, 2014.

Plaintiffs failed to proffer an expert medical affidavit of merit in support of their proposed claim for medical malpractice, which stemmed from a prior surgery separate and distinct from the one originally pleaded (see e.g. Lopez v City of New York, 80 A.D.3d 432, 433 [1st Dept 2011]; compare Gambles v Davis, 32 A.D.3d 224, 225 [1st Dept 2006]).

In any event, the proposed amendments...

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