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CALCAGNO v. ORTHOPEDIC ASSOCIATES OF DUTCHESS COUNTY, PC

523454.

148 A.D.3d 1279 (2017)

2017 NY Slip Op 01616

48 N.Y.S.3d 832

BENEDICT CALCAGNO et al., Appellants, v. ORTHOPEDIC ASSOCIATES OF DUTCHESS COUNTY, PC, et al., Respondents.

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

Decided March 2, 2017.

In July 2010, plaintiff Benedict Calcagno was injured in a motor vehicle accident. Defendant David DiMarco thereafter conducted surgery to address a fracture in Calcagno's right ankle and physical therapy was prescribed. In April 2013, plaintiffs commenced this medical malpractice action alleging

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