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BROWN v. ONESTI

2016-05487. Index No. 510835/14.

164 A.D.3d 1415 (2018)

84 N.Y.S.3d 535

2018 NY Slip Op 06224

Harry Brown, Appellant, v. Stephen T. Onesti, M.D., Respondent.

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

Decided September 26, 2018.

Ordered that the order is affirmed, with costs.

In November 2014, the plaintiff commenced this action to recover damages for personal injuries he allegedly sustained due to a neurostimulation device that the defendant physician implanted in the plaintiff's body on or about February 27, 2009. The device allegedly malfunctioned and was subsequently removed from the plaintiff's body by another physician. The plaintiff moved for summary judgment on the issue of liability...

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