MAYR v. ALVAREZ

519730

130 A.D.3d 1199 (2015)

14 N.Y.S.3d 530

2015 NY Slip Op 05990

GISELLE MAYR, Appellant, v. DIMITRI ALVAREZ, Respondent, et al., Defendant.

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

Decided July 9, 2015.


Plaintiff was a patient at defendant Family Practice of Kingston and, on July 26, 2008, presented with complaints of chest pain. She and her adult daughter, Brittney Mayr, were ushered into an examination room and plaintiff was examined by defendant Dimitri Alvarez. Alvarez listened to plaintiff's heart with a stethoscope, holding it by placing his entire hand underneath her shirt on her left breast. Alvarez asked plaintiff to lay on the examination table while he listened...

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