GONZÁLEZ v. PEARL

Index No. 12522/14, 2016-09514.

179 A.D.3d 645 (2020)

113 N.Y.S.3d 584

2020 NY Slip Op 00106

Allen González et al., Respondents, v. Richard Pearl et al., Appellants, et al., Defendants.

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

Decided January 8, 2020.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The injured plaintiff, and his wife suing derivatively, commenced this action against, among others, the defendants Richard Pearl and Alan Saber (hereinafter together the defendants), alleging that the defendants committed medical malpractice by failing to remove a prosthetic femoral head that was lost in the injured plaintiff's body during a hip replacement surgery. Following discovery...

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