Appellate Division of the Supreme Court of the State of New York July 3, 2014, 11851 102272/10 (Bartholomew v. Itzkovitz)

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United States · · · 03-07-2014

*416Freedman, J.,

concurs in a separate memorandum as follows: Although I agree with the IAS court that plaintiffs experts’ opinions are “somewhat conclusory,” I concur with the majority that the experts have raised a sufficient question of fact as to whether it was a departure not to consider filter failure or a clot as a diagnosis and to order an immediate investigation of decedent’s complaints

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