Longtemps v. Oliva
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Peters, PJ.
Appeal from an order of the Supreme Court (Muller, J.), entered December 17, 2012 in Clinton County, which granted defendants’ motions for summary judgment dismissing the complaint.
*1317Taylor Longtemps was injured on August 8, 2009 when he stepped on a rusty nail which penetrated his left heel. After visiting his pediatrician with complaints of tenderness, Long-temps was referred to defendant Peter J. Oliva, a plastic surgeon. Upon his initial visit on August 12, 2009, Longtemps’ heel was observed to be rounded, swollen and discolored, but had no discharge or evidence of cellulitis.…
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