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TOWNSEND v. VAISMAN

2018-03060. Index No. 6476/15.

203 A.D.3d 1199 (2022)

166 N.Y.S.3d 221

2022 NY Slip Op 02148

Katrina Townsend, Appellant, v. Alex Vaisman et al., Respondents.

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

Decided March 30, 2022.

Attorney(s) appearing for the Case

Krentsel, Guzman & Herbert, LLP, New York, NY (Marcia Raicus of counsel), for appellant.

Martin, Clearwater & Bell, LLP, East Meadow, NY (Gregory A. Cascino, Kenneth R. Larywon, and Karen B. Corbett of counsel), for respondents.

Connolly, J.P., Chambers and Zayas, JJ., concur.

Ordered that the order is affirmed, with costs.

In this action to recover damages for medical malpractice, the plaintiff testified at her deposition that on June 21, 2014, she woke up at 5:00 a.m. feeling dizzy. She testified that she "knew something was wrong right away." Nevertheless, the plaintiff ate breakfast and went to work. Around 11:30 a.m., the plaintiff told her supervisor she was not feeling well and took a taxi back home. She slept from approximately...

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