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OSIPOVA v. SILVERBERG

2016-00981, Index No. 501494/12.

152 A.D.3d 614 (2017)

2017 NY Slip Op 05614

58 N.Y.S.3d 522

LYUDMILA OSIPOVA, Respondent, v. LAWRENCE SILVERBERG, Appellant.

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

Decided July 12, 2017.

Ordered that the order is affirmed insofar as appealed from, with costs.

On July 16, 2011, the plaintiff sent an email to the defendant, a podiatrist. In the email, the plaintiff, who was suffering from a bunion, stated that another doctor had recommended a surgery called an "open wedge bunion osteotomy," but that doctor no longer accepted the plaintiff's insurance. The plaintiff further stated that she performed an Internet...

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