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FLINT v. ZIELINSKI

706 CA 14-01040

130 A.D.3d 1460 (2015)

12 N.Y.S.3d 744

2015 NY Slip Op 05805

CATHERINE FLINT, Administrator of the Goods, Chattels and Credits of MARIE SMITH, Deceased, Appellant, v. ROBERT ZIELINSKI, M.D., Respondent, et al., Defendant.

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

Decided July 2, 2015.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the complaint is reinstated against defendant Robert Zielinski, M.D.

Memorandum: Marie Smith (decedent) commenced this medical malpractice action on November 18, 2008, alleging, inter alia, that Robert Zielinski, M.D. (defendant) "failed to take necessary, immediate and timely steps to diagnose [cancer in her lung]." Following decedent's...

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