Hansen v. Madani
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mercure, J. P.
Appeal from an order of the Supreme Court (Torraca, J.), entered August 24, 1998 in Ulster County, which, inter alia, denied defendant’s motion to dismiss the complaint due to plaintiffs’ lack of capacity to sue.
In July 1991, defendant performed surgery upon plaintiff Bonnie Hansen (hereinafter plaintiff) and removed a cancerous tumor in her duodenum near her pancreas. Plaintiff thereafter developed a necrotizing pancreatitis with peritonitis, which did not respond to defendant’s treatment. Plaintiff was then transferred to Albany Medical Center where she underwent further…
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