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LINDENBAUM v. FEDERBUSH

2014-05159, Index No. 12787/10.

144 A.D.3d 869 (2016)

2016 NY Slip Op 07627

41 N.Y.S.3d 260

KIM LINDENBAUM, Individually and as Attorney-in-Fact for PAUL C. LINDENBAUM, Appellant, v. RICHARD FEDERBUSH, M.D., et al., Respondents.

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

Decided November 16, 2016.

Ordered that the judgment is reversed, on the law and on the facts, with costs, the defendants' motion pursuant to CPLR 4401 is denied, and the matter is remitted to the Supreme Court, Queens County, for a new trial.

On December 9, 2008, Paul Lindenbaum went to his primary care physician, the defendant Richard Federbush, complaining of stomach pains. Federbush sent Lindenbaum to the emergency room at the defendant Long...

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