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GRENYION v. MID-HUDSON COMPREHENSIVE

Index No. 20788/13. Appeal No. 16010. Case No. 2019-20.

205 A.D.3d 610 (2022)

168 N.Y.S.3d 78

2022 NY Slip Op 03442

Marjorie Grenyion, Appellant, v. Mid-Hudson Comprehensive et al., Respondents, et al., Defendants.

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

Decided May 26, 2022.

Attorney(s) appearing for the Case

Rosenbaum & Rosenbaum, P.C., New York ( Matthew T. Gammons of counsel), for appellant.

Dopf, P.C., New York ( L. Ruby Rey of counsel), for Mid-Hudson Comprehensive and Nagaveni Rao, respondents.

Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP, New York ( Stephanie Campbell of counsel), for Distinguished Diagnostic Imaging P.C. and John Rigney, M.D., respondents.

Garson & Jakub LLP, New York ( Andrew Harrison of counsel), for Nella Shapiro, M.D., respondent.

Concur—Oing, J.P., Singh, Moulton, Scarpulla, JJ.

Plaintiff had a right breast mastectomy and reconstructive surgery in 1998. In August 2010, while working as an office manager at defendant Mid-Hudson Comprehensive, plaintiff told defendant Rao about her breast pain and history of breast cancer. Dr. Rao provided plaintiff with a prescription for an ultrasound and MRI. On August 9, 2010, plaintiff presented to defendant DDI for a bilateral breast ultrasound and the impression was normal. DDI faxed a copy to Dr. Rao on August...

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