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MATTER OF DUKE v. WESTCHESTER MED. CTR.

2018-03275, 2018-10649. Index No. 63800/17.

196 A.D.3d 482 (2021)

147 N.Y.S.3d 414

2021 NY Slip Op 04223

In the Matter of Peter P. Duke II, Respondent, v. Westchester Medical Center et al., Appellants.

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

Decided July 7, 2021.

Attorney(s) appearing for the Case

Vigorito, Barker, Patterson, Nichols & Porter, LLP, Valhalla, NY ( Adonaid C. Medina of counsel), for appellants.

Silver & Kelmachter, LLP, New York, NY ( Damon J. Velardi of counsel), for respondent.

Hinds-Radix, J.P., Connolly, Iannacci and Christopher, JJ., concur.

Ordered that the orders are affirmed, with one bill of costs.

On October 5, 2016, the petitioner underwent surgery on his left leg, which was performed by a private attending physician at the defendant Westchester Medical Center (hereinafter WMC). Immediately after the surgery was performed, the petitioner experienced pain, weakness, and numbness in his right leg. Neurologists were consulted in the hospital, and WMC's medical records reflect a differential diagnosis...

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