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NEWELL v. CITY OF NEW YORK

2021-01889. Appeal No. 15805. Case No. 21863/12E.

204 A.D.3d 574 (2022)

167 N.Y.S.3d 485

2022 NY Slip Op 02762

Hector Newell, Appellant, v. City of New York et al., Respondents.

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

Decided April 26, 2022.

Attorney(s) appearing for the Case

G. Wesley Simpson PC, Brooklyn ( G. Wesley Simpson of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Julie Steiner of counsel), for respondents.

Concur—Renwick, J.P., Kapnick, Gesmer, Moulton, Shulman, JJ.

Supreme Court providently exercised its discretion in concluding that plaintiff's expert, an internist who demonstrated no familiarity with surgery in general or abdominal surgery in particular, was not qualified to render an opinion that Dr. Melvin Stone departed from accepted standards of medical care in performing plaintiff's appendectomy (see Bartolacci-Meir v Sassoon, 149 A.D.3d 567, 571-572 [1st Dept 2017]; Guzman v 4030...

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