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EWANCIW v. ATLAS

65 A.D.3d 1077 (2009)

885 N.Y.S.2d 131

CATHY JO EWANCIW et al., Appellants, v. GREGG ATLAS, Respondent.

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

Decided September 15, 2009.

Ordered that the judgment is affirmed, with costs.

The defendant, a podiatrist, performed a surgical procedure on the left foot of the plaintiff Cathy Jo Ewanciw (hereinafter the injured plaintiff). The injured plaintiff and her husband, the plaintiff John Ewanciw, suing derivatively, subsequently commenced this action, inter alia, to recover damages for the defendant's alleged podiatric malpractice. At trial, which was...

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