Nussbaum v. Gibstein

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and a new trial granted on the issue of damages on the first cause of action.

Plaintiffs decedent, Elaine Celetti, died on June 8, 1985, nearly two years after discovering that a painful lump in her left breast was cancerous and that the cancer had already begun to metastasize. This action was commenced alleging various acts of malpractice on the part of Dr. Alan Gibstein and his professional corporation in failing to properly diagnose the condition during a regular…