Wasserman v. Maimonides Medical Center
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action, inter alla, to recover damages for breach of contract, the plaintiff, Herbert Wasserman, appeals from an order of the Supreme Court, Kings County (Clemente, J.), dated August 21, 1998, which granted the defendants’ motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff, a surgeon, performed surgery on a patient at the defendant Maimonides Medical Center (hereinafter Maimonides). During the surgery, the patient’s only kidney was lacerated, resulting in a second operation hours later to remove it. The…
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