DUANYU LIN v. YI XIE

805473/16. 10561A. 10561.

178 A.D.3d 514 (2019)

114 N.Y.S.3d 334

2019 NY Slip Op 08943

Duanyu Lin et al., Appellants, v. Yi Xie et al., Respondents.

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

Decided December 12, 2019.


Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for appellants.

Marulli, Lindenbaum & Tomaszewski, LLP, New York ( John J. Tomaszewski of counsel), for Yi Xie and Xie Yi Medical Office, P.C., respondents.

Harris Beach PLLC, New York ( Svetlana K. Ivy of counsel), for Michael Liou, Jennifer A. Chen and Chinatown Cardiology P.C., respondents.

Concur—Richter, J.P., Manzanet-Daniels, Webber, Gesmer, JJ.


Plaintiff Duanyu Lin (the patient) suffered a stroke of unknown origin while abroad. Upon returning to New York, she was referred by her primary care physician to defendant Dr. Xie, a neurologist, who performed imaging studies to confirm that she had suffered a stroke, and then referred her to the cardiology defendants on an urgent basis to rule out a cardiac origin. Two weeks after her first appointment with the cardiology defendants, the patient suffered a severe recurrent...

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