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GRULLON v. THORACIC SURGICAL, P.C.

2018-02253. Index No. 31878/09.

208 A.D.3d 1163 (2022)

174 N.Y.S.3d 747

2022 NY Slip Op 05154

Rakefet Grullon, Respondent, v. Thoracic Surgical, P.C., et al., Appellants.

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

Decided September 14, 2022.

Attorney(s) appearing for the Case

Keller, O'Reilly & Watson, P.C., Woodbury, NY ( Kevin W. O'Reilly and Patrick J. Engle of counsel), for appellants.

Antin, Ehrlich & Epstein, LLP ( Anthony V. Gentile , Scott W. Epstein , Law Office of Edward Bithorn, P.C., and Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Jillian Rosen ], of counsel), for respondent.

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

Ordered that the order is affirmed insofar as appealed from, with costs.

In March 2009, the plaintiff was admitted to North Shore University Hospital. A CT scan revealed a large mass in the middle of her chest, and a biopsy of the mass confirmed a diagnosis of lymphoma. On April 10, 2009, a mediport was surgically implanted in the plaintiff's chest and connected by a catheter to her subclavian vein so that she could undergo chemotherapy treatment. On April 13, 2009...

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