Legal Opinion

Modzelewski v. Herman

Appellate Division of the Supreme Court of the State of New York

Decided November 2, 1998Published

1Opinion of the Court

—In an action to recover damages for, inter alia, medical malpractice, the plaintiff appeals from an order of the Supreme Court, Queens County (Durante, J.), dated August 1, 1997, which granted the motion of the defendant John DeCorato for summary judgment dismissing the complaint insofar as asserted against him.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The plaintiff commenced this action to recover damages, inter alia, for medical malpractice arising from a bilateral breast reduction performed by the defendant Steven Herman, M.D. The defendant John…

2Cases cited2 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Cahill v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1996

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