Safier & Vogelman v. Kalvin

OPINION OF THE COURT

Pizzuto, J.

Plaintiff, a medical partnership, sued to recover for medical services. Defendant counterclaimed for "common-law negligence” and listed a stated sum as his damages. He alleged that he submitted himself to Dr. Safier for a colonoscopy to search for polyps which if found were to be then and there removed in order to determine whether they were benign or malignant; that in the midst of the colonoscopy Dr. Safier told him that polyps were present and that only then did he ask defendant whether he had recently ingested aspirin to which defendant responded in the…