CAPIERSEO v. TOMAINO

85 CA 16-02322.

160 A.D.3d 1346 (2018)

75 N.Y.S.3d 711

2018 NY Slip Op 02917

Michelle L. Capierseo, Respondent, v. Matthew Tomaino, M.D., et al., Appellants.

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

Decided April 27, 2018.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the verdict is reinstated in its entirety.

Memorandum: Plaintiff commenced this action seeking damages for injuries she sustained during surgery to remove a dorsal wrist ganglion cyst. Following the surgery, plaintiff presented with symptoms of injury to two of her index finger extensor tendons, neither of which was the subject of the surgery...

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