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SMITH v. SOMMER

2018-02617. Index No. 156/15.

189 A.D.3d 906 (2020)

137 N.Y.S.3d 99

2020 NY Slip Op 07235

Earl Smith et al., Respondents, v. Eric Adam Sommer et al., Appellants, et al., Defendants.

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success, NY ( Christopher Simone and Nicholas Tam of counsel), for appellants.

Gaines, Novick, Ponzini, Cossu & Venditti, LLP, White Plains, NY ( Denise M. Cossu of counsel), for respondents.

Scheinkman, P.J., Dillon, LaSalle and Christopher, JJ., concur.

Ordered that the judgment is affirmed, with costs.

On December 26, 2013, the plaintiff Earl Smith (hereinafter the plaintiff) underwent a Nissen fundoplication with paraesophageal hernia repair by the defendant Eric Adam Sommer to repair a hiatal hernia and treat the plaintiff's gastroesophageal reflux disease. On March 12, 2014, after complaining of abdominal pain and difficulty eating, the plaintiff was diagnosed with...

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