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CONNOLLY v. LAMPERT MD, PC

13 Misc.3d 512 (2006)

823 N.Y.S.2d 849

DONNA CONNOLLY et al., Plaintiffs, v. MICHAEL D. LAMPERT M.D., P.C., et al., Defendants.

Civil Court of the City of New York, New York County.

August 7, 2006.

Attorney(s) appearing for the Case

Flomenhaft & Cannata, LLP, New York City (Michael Flomenhaft of counsel), for plaintiffs.

McAloon & Friedman, P.C., New York City (Laura R. Shapiro of counsel), for defendants.

OPINION OF THE COURT

JEFFREY K. OING, J.

In this 10-year-old medical malpractice action, plaintiffs allege that in January 1995 defendant performed facet rhizotomy and posterior denervation surgeries on plaintiff Donna Connolly's spine. Plaintiffs contend that defendant's "surgical technique was improper and overly invasive and that Dr. Lampert erred by cutting and damaging the nerves" and that as a result plaintiff...

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