Legal Opinion

Dolaway v. Urology Associates of Northeastern New York, P.C.

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

Decided April 8, 2010PublishedCited by 1 opinion

1Opinion of the CourtRose, J.

Appeal from an order of the Supreme Court (Muller, J.), entered March 9, 2009 in Essex County, which granted defendants’ motion to preclude plaintiffs from presenting certain expert testimony and dismissed the complaint.

When plaintiff Arthur L. Dolaway (hereinafter plaintiff) underwent endoscopic surgery to remove a kidney stone, two broken pieces of guide-wire sheathing were left in his ureter. Alleging that plaintiff was injured as a result of defendant surgeon’s failure to, among other things, remove all of the sheathing at the conclusion of the surgery, plaintiffs commenced this medical…

2Cases cited7 opinions

  1. Kambat v. St. Francis HospitalNew York Court of Appeals · 1997
  2. Brown v. StateAppellate Division of the Supreme Court of the State of New York · 1998
  3. Briggs v. ChapmanAppellate Division of the Supreme Court of the State of New York · 2008
  4. Delaney v. Champlain Valley Physicians Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 1996
  5. LaPietra v. Clinical & Interventional Cardiology AssociatesAppellate Division of the Supreme Court of the State of New York · 2004

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3Cited by1 opinion

  1. Lorraine Deuel, Individually and as Administratrix of the Estate of Clyde Deuel v. The Surgical Clinic, PLLC and Richard J. Geer, M.D.Court of Appeals of Tennessee · 2010

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