Friedrich v. Crystal Run Healthcare, LLP

Appeal from an order of the Supreme Court (Clemente, J.), entered October 4, 2002 in Sullivan County, which denied defendant Joanne Livote’s motion to dismiss the complaint against her.

On January 26, 1999, decedent was seen at defendant Crystal Run Healthcare, LLP by defendant Joanne Livote (hereinafter defendant) for a complaint of a lump in the right breast. Upon defendant’s unsuccessful attempt to aspirate the lump, decedent was referred for a mammogram. The mammogram was interpreted as showing no suspicious nodules or calcifications, and the report advised that any decision to pursue the…