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Legal Opinion · Dissent

Campbell v. Haber

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

Decided July 7, 2000Published

1DissentKehoe, J.

I respectfully dissent and would grant the motion of defendant Michael W. Kelberman, M.D. for summary judgment dismissing the complaint against him. Steven Campbell (plaintiff) went to the emergency room of defendant Faxton Hospital (Hospital), complaining of chest pain. The emergency room physician, defendant Eugene Haber, M.D., conducted an examination, ordered various tests and, upon receiving the results, telephoned Kelberman, a cardiologist, awakening him at home. Haber related plaintiffs history, symptoms, and test results, as well as Haber’s own opinion that the test results indicated…

2Cases cited9 opinions

  1. De Angelis v. Lutheran Medical CenterNew York Court of Appeals · 1983
  2. Tenuto v. Lederle Laboratories, Division of American Cyanamid Co.New York Court of Appeals · 1997
  3. Sawh v. SchoenAppellate Division of the Supreme Court of the State of New York · 1995
  4. Cogswell v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1998
  5. Kleinert v. BegumAppellate Division of the Supreme Court of the State of New York · 1988

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