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ODOARDI v. ABRAMSON

2190, 805226/12.

144 A.D.3d 492 (2016)

2016 NY Slip Op 07589

42 N.Y.S.3d 1

VINCENT ODOARDI et al., Respondents, v. JODI ABRAMSON, M.D., et al., Defendants, and BENJAMIN LIBERATORE, M.D., Appellant.

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

Decided November 15, 2016.

Following Dr. Liberatore's prima facie showing of entitlement to summary judgment on the ground that nothing at the time of plaintiff Vincent Odoardi's pre-Lasik surgery exam should have alerted the ophthalmologist to plaintiff having the disease Retinitis Pigmentosa (RP), plaintiff's expert raised questions of fact as to the accuracy of that assertion (see Diaz v New York Downtown Hosp., 99 N.Y.2d 542, 544 [2002]; Cregan v Sachs...

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