Aulita v. Chang
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCarpinello, J.
Appeal from an order of the Supreme Court (Teresi, J.), entered December 28, 2006 in Albany County, which denied defendants’ motion for summary judgment dismissing the complaint.
In November 1999, plaintiff consulted with defendant Capital District Urological Surgeons, LLP (hereinafter the Urology Group) complaining of back, bladder, testicular and abdominal pain. Although plaintiff was diagnosed with an umbilical hernia by physician Charles Schwartz at that time, Schwartz indicated that he could “not find any urologic problems” and plaintiff would only be seen “on an as-needed basis if we…
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