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FISCHELLA v. SAINT LUKE'S CORNWALL HOSP.

533134.

204 A.D.3d 1343 (2022)

167 N.Y.S.3d 618

2022 NY Slip Op 02846

Michael Fischella, Respondent, v. Saint Luke's Cornwall Hospital, Appellant.

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

Decided April 28, 2022.

Attorney(s) appearing for the Case

Arciero McMillan & Burgess, PC, New Windsor ( Veronica A. McMillan of counsel), for appellant.

Metzger Injury Law, Poughkeepsie ( David L. Steinberg of McCabe Coleman Ventosa & Patterson PLLC, Poughkeepsie, of counsel), for respondent.

Lynch, J.P., Clark, Reynolds Fitzgerald and Colangelo, JJ., concur.

Sometime between 3:00 p.m. and 4:30 p.m. on September 14, 2013, plaintiff, then an incarcerated individual at Shawangunk Correctional Facility, began experiencing discomfort and increasing pain in his left testicle. Following a visit to the facility's infirmary and an emergency telemedicine consultation by a urologist, plaintiff was transported...

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