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KLEINMAN v. NORTH SHORE UNIVERSITY HOSP.

2015-02478, Index No. 8094/11.

148 A.D.3d 693 (2017)

2017 NY Slip Op 01543

48 N.Y.S.3d 455

JOSEPH KLEINMAN, Appellant, v. NORTH SHORE UNIVERSITY HOSPITAL et al., Respondents.

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

Decided March 1, 2017.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.

On April 30, 2009, the plaintiff consulted the defendant George DeNoto regarding a large recurrent incisional hernia. DeNoto recommended surgery. On June 30, 2009, the plaintiff presented to the defendant North Shore University Hospital (hereinafter North Shore) complaining of increased abdominal pain. After obtaining the...

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