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OLIVER v. NEW YORK CITY HEALTH & HOSPITALS CORP.

2018-05416. Index No. 503935/16.

178 A.D.3d 1057 (2019)

115 N.Y.S.3d 433

2019 NY Slip Op 09275

Constance Oliver, Respondent, v. New York City Health and Hospitals Corp., Appellant.

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

Decided December 24, 2019.

Attorney(s) appearing for the Case

James E. Johnson , Corporation Counsel, New York, NY ( Jeremy W. Shweder and Claibourne Henry of counsel), for appellant.

Law Offices of Marius C. Wesser, P.C., New York, NY, for respondent.

Chambers, J.P., Maltese, LaSalle and Connolly, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff underwent a surgical procedure at Kings County Hospital Center (hereinafter KCH) in January 2014. Eight months later, in August 2014, she was diagnosed at KCH with a left-sided ventral hernia. After a CT scan was performed in December 2014, she was diagnosed more specifically with an incisional hernia—a type of ventral hernia. Seven months later, in July 2015, the plaintiff underwent surgery at KCH...

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