Legal Opinion
Calcagno v. Orthopedic Associates of Dutchess County, PC
Appellate Division of the Supreme Court of the State of New York
Decided March 2, 2017Published
1Opinion of the CourtGarry, J.
Appeal from an order of the Supreme Court (Cahill, J.), entered September 16, 2015 in Ulster County, which, among other things, granted defendants’ motion to dismiss the complaint.
In July 2010, plaintiff Benedict Calcagno was injured in a motor vehicle accident. Defendant David DiMarco thereafter conducted surgery to address a fracture in Calcagno’s right ankle and physical therapy was prescribed. In April 2013, plaintiffs commenced this medical malpractice action alleging *1280that defendants were negligent in failing to address certain injuries to Calcagno’s ankle in the course of the surgery…
2Cases cited12 opinions
- Kambat v. St. Francis HospitalNew York Court of Appeals · 1997
- Mosberg v. ElahiNew York Court of Appeals · 1992
- States v. Lourdes HospitalNew York Court of Appeals · 2003
- Howard v. EspinosaAppellate Division of the Supreme Court of the State of New York · 2010
- Tornatore v. HaggertyAppellate Division of the Supreme Court of the State of New York · 2003
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