Bracci v. Hopper

—Peters, J.

Appeal from a judgment of the Supreme Court (Mugglin, J.), entered March 12, 1999 in Delaware County, upon a decision of the court in favor of defendants.

This medical malpractice action stems from an injury to plaintiffs left arm sustained as a result of a fall on March 7, 1993. Upon being brought to the local emergency room, X rays revealed a fracture, prompting a call to the on-duty orthopedist, defendant William R. Hopper. Hopper, having treated plaintiff since 1986, was aware of her aversion to surgery. Upon determining that she sustained a severe Smith-type fracture, he…