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SMALL v. LAUERSEN

276 A.D.2d 382 (2000)

714 N.Y.S.2d 674

ERIC SMALL, Respondent, v. NIELS LAUERSEN, Defendant, and LENOX HILL HOSPITAL, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 19, 2000.

An issue of fact exists as to whether defendant hospital failed to follow plaintiff's doctor's orders by not performing a second sonogram (see, Collins v New York Hosp., 49 N.Y.2d 965). Plaintiff's doctor's testimony that his treatment would have been the same regardless of the results of a second sonogram raises an issue of credibility inappropriate for summary judgment treatment. The foregoing is not to be understood as a limitation...

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