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MARTINS v. FONTANETTA

2019-03177. Index No. 606549/17.

205 A.D.3d 798 (2022)

168 N.Y.S.3d 110

2022 NY Slip Op 03110

Adelio Martins, Respondent, v. A. Philip Fontanetta, Appellant, et al., Defendant.

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

Decided May 11, 2022.

Attorney(s) appearing for the Case

Vigorito, Barker, Patterson, Nichols & Porter, LLP, Valhalla, NY ( Leilani Rodriguez and Adonaid Medina of counsel), for appellant.

Law Offices of Bruce E. Cohen & Associates, P.C., Melville, NY, for respondent.

Barros, J.P., Chambers, Maltese and Wooten, JJ., concur.

Ordered that the order is affirmed, with costs.

On April 12, 2017, the defendant A. Philip Fontanetta (hereinafter the defendant) performed a right total knee replacement procedure on the plaintiff. On April 29, 2017, the plaintiff experienced a "pop" in the knee, which was diagnosed as a right patellar tendon rupture. The plaintiff underwent another surgery to reconstruct the right patellar tendon on May 4, 2017.

The plaintiff commenced this action to recover...

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