Howe v. Ampil

Appeal (transferred to this court by order of the Appellate Division, Second Department) from a judgment of the Supreme Court (Green, J.), entered February 27, 1991 in Orange County, upon a verdict rendered in favor of plaintiff.

In 1981 defendant, a specialist in internal medicine, treated plaintiff for complaints of chest pains and shortness of breath. X rays revealed a spot on the left lung and a subsequent needle biopsy report indicated that plaintiff had a malignant cancer. Defendant referred plaintiff to a general surgeon, Robert Rakov, who removed the upper half of plaintiff’s lung.…