PASSERO v. PULEO II


17 A.D.3d 953 (2005)

793 N.Y.S.2d 637

CAROL A. PASSERO et al., Appellants, v. JAMES V. PULEO II, Respondent.

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

April 28, 2005.


Mugglin, J.

In October 1999, plaintiff Carol A. Passero (hereinafter plaintiff) sought treatment at Albany Memorial Hospital due to stomach pains that she had been experiencing during the preceding four-day period. An ultrasound examination was suggestive of a stone in the common bile duct. Defendant, a gastroenterologist, was consulted and he recommended an endoscopic retrograde cholangiopancreatography (hereinafter ERCP), rather than open exploratory surgery. When...

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