Ordered that the judgment is reversed, on the law and as a matter of discretion, and the matter is remitted to the Supreme Court, Nassau County, for a new trial, with costs to abide the event.
The plaintiff Alan Krinsky underwent wrist surgery under general anesthesia administered by the defendant Dr. Alan Rachleff. A few days later, Krinsky experienced symptoms associated with pulmonary infection and pneumonia. A bronchoscopy revealed an abnormality or foreign object...
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