LACQUA v. SILICH

2014-02076, Index No. 100275/05.

141 A.D.3d 690 (2016)

35 N.Y.S.3d 488

MICHELE LACQUA, as Executrix of PHILIP LACQUA, Deceased, Appellant, v. ROBERT SILICH, M.D., Respondent.

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

Decided July 27, 2016.


Ordered that the judgment is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Richmond County, for a new trial.

The plaintiff's decedent, Philip Lacqua, commenced this action in 2003 to recover damages for medical malpractice against the defendant, Robert Silich, who at all relevant times was a general surgeon. The plaintiff's decedent alleged that the defendant failed to timely diagnose a lump in his left breast as cancerous, thereby...

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