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MAIURI v. PEARLSTEIN

503905.

2008 NY Slip Op 06243

MARCY MAIURI, Appellant, v. GARY E. PEARLSTEIN, Respondent, ET AL., Defendant.

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

Decided and Entered: July 10, 2008.

Attorney(s) appearing for the Case

The Mills Law Firm, L.L.P., Clifton Park (Christopher K. Mills of counsel), for appellant.

Maynard, O'Connor, Smith & Catalinotto, L.L.P., Albany (Fawn A. Arnold of counsel), for respondent.

Before: Cardona, P.J., Peters, Spain, Carpinello and Stein, JJ.

MEMORANDUM AND ORDER

CARPINELLO, J.

In this action commenced by the filing of a summons with notice on November 17, 2006, plaintiff alleges that defendant Gary E. Pearlstein committed medical malpractice when he operated on the wrong surgical site during a June 2, 2004 excisional biopsy at defendant Columbia Memorial Hospital requiring a second surgical procedure on June 21, 2004. An affidavit of service indicates that plaintiff's process server served Pearlstein...

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