FRIEDBERG v. RODEO

2018-11349. Index No. 32599/07.

193 A.D.3d 825 (2021)

142 N.Y.S.3d 405

2021 NY Slip Op 02277

Jodi Friedberg, Respondent, v. Scott A. Rodeo, et al., Appellants.

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

Decided April 14, 2021.


Attorney(s) appearing for the Case

Vigorito, Barker, Patterson, Nichols & Porter, LLP, New York, NY ( Bhalinder L. Rikhye and Guy A. Lawrence of counsel), for appellants.

Cartier, Bernstein, Auerbach & Steinberg, P.C., Patchogue, NY ( Kenneth A. Auerbach of counsel) for respondent.

Austin, J.P., Barros, Connolly and Christopher, JJ., concur.


Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to recover damages for medical malpractice and lack of informed consent, alleging, inter alia, that a retained metal fragment from a knee surgery performed by the defendant Scott A. Rodeo at the defendant Hospital for Special Surgery caused her to suffer a foot drop. Following discovery, the defendants moved for summary judgment dismissing the complaint. The Supreme Court denied the...

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