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ORTIZ v. NEW YORK CITY HEALTH & HOSPS. CORP.

2018-14798. Index No. 25039/09.

187 A.D.3d 929 (2020)

130 N.Y.S.3d 702

2020 NY Slip Op 05765

Maritza Ortiz, Appellant, v. New York City Health & Hospitals Corporation et al., Respondents.

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

Decided October 14, 2020.

Ordered that the order is modified, on the law, by deleting the provision thereof directing the dismissal of the complaint; as so modified, the order is affirmed, with costs to the defendants.

On October 2, 2007, Benigna Melendez (hereinafter the decedent) underwent a bilateral screening mammogram at the defendant Woodhull Medical and Mental Health Center (hereinafter Woodhull). On January 15, 2008, the decedent presented...

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