BRISTOL v. BUNN

880 CA 20-00172.

189 A.D.3d 2114 (2020)

138 N.Y.S.3d 774

2020 NY Slip Op 07773

Carolyn Bristol, Respondent, v. Wiley Douglas Bunn, Jr., M.D., Appellant, et al., Defendants.

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

Decided December 23, 2020.


Attorney(s) appearing for the Case

SUGARMAN LAW FIRM, LLP, SYRACUSE ( JENNA W. KLUCSIK OF COUNSEL), FOR DEFENDANT-APPELLANT.

NAPOLI SHKOLNIK, PLLC, MELVILLE ( JOSEPH L. CIACCIO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present-Centra, J.P., NeMoyer, Curran, Winslow and Bannister, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of the motion seeking summary judgment dismissing the medical malpractice cause of action against defendant Wiley Douglas Bunn, Jr., M.D. except insofar as the complaint, as amplified by the bill of particulars, alleges that he failed to diagnose and treat the bowel perforation intraoperatively and failed to timely and properly treat the bowel perforation postoperatively...

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