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LAMALFA v. NEW YORK METHODIST HOSPITAL

2017-12855. Index No. 500295/14.

202 A.D.3d 665 (2022)

158 N.Y.S.3d 628

2022 NY Slip Op 00655

Mariano Lamalfa, Appellant, v. New York Methodist Hospital, Respondent.

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

Decided February 2, 2022.

Attorney(s) appearing for the Case

Rossi, Crowley, Sancimino & Kilgannon, LLP, Douglaston, NY (Timothy Kilgannon of counsel), for appellant.

Ellenberg Gannon Henninger Fitzmaurice & Lim, LLP, New York, NY (Stacy Fitzmaurice of counsel), for respondent.

Dillon, J.P., Barros, Christopher and Zayas, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

On March 26, 2013, the plaintiff presented to the defendant's emergency room with hematuria (blood in the urine), and a Foley catheter was inserted. Subsequently, the plaintiff commenced this action, inter alia, to recover damages for medical malpractice, alleging, among other things, that the defendant's employees improperly placed the Foley catheter, causing him to sustain injuries to his bladder...

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