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MATTER OF BROWN v. NEW YORK CITY HEALTH & HOSPS. CORP.

2018-12136. Index No. 504254/17.

190 A.D.3d 969 (2021)

136 N.Y.S.3d 900

2021 NY Slip Op 00429

In the Matter of Tysheema Brown, Appellant, v. New York City Health and Hospitals Corporation, Respondent.

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

Decided January 27, 2021.

Attorney(s) appearing for the Case

Zucker & Regev, P.C., Brooklyn, NY ( Gary A. Zucker of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York, NY ( Jane L. Gordon and Yasmin Zainulbhai of counsel), for respondent.

Mastro, A.P.J., Chambers, Iannacci and Wooten, JJ., concur.

Ordered that the order is affirmed, with costs.

On April 4, 2016, the petitioner underwent a thymectomy, a procedure which involves removing the thymus, at Kings County Hospital Center (hereinafter the hospital). In August 2016, the petitioner presented to the hospital's emergency room, and in November 2016, presented to a different emergency room, each time complaining of, among other things, shortness of breath, and each time was found to have an "elevated right...

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