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MARTIN v. TIMMINS

2016-02572, Index No. 17469/07.

178 A.D.3d 107 (2019)

110 N.Y.S.3d 707

2019 NY Slip Op 07391

MICHELE MARTIN et al., Appellants, v. EDWARD M. TIMMINS, Respondent, et al., Defendants.

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

Decided October 16, 2019.

Attorney(s) appearing for the Case

Trolman, Glaser & Lichtman, P.C. (Pollack, Pollack, Isaac & DeCicco, LLP, New York City [ Brian J. Isaac and Jillian Rosen ], of counsel), for appellants.

Vardaro & Associates, LLP (Mauro Lilling Naparty LLP, Woodbury [ Katherine Herr Solomon and Caryn L. Lilling ], of counsel), for respondent.

ROMAN, J.P., HINDS-RADIX and LASALLE, JJ., concur.

OPINION OF THE COURT

The issue on this appeal is whether a physician performing a surgical procedure who has no written record nor an independent recollection of what he or she specifically did in performing that procedure can testify based upon what he or she usually does in performing that procedure based upon their "habit...

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