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SUPREME COURT OF THfUSTAE OF NEW YORK
COUNTY OF QUEENSCIVIL TERM: PART IAS-17
ALFRED CALLAHAN, an infant by his
Father and Natural Guardian,
CHARLES CALLAHAN and CHARLES
CALLAHAN, Individually,
Plaintiffs,
- against -
DR. ROY SCHOEN, D'URSO and ORLANDO,
M.D.,P.C., DR. JOHN D'URSO,
DR. ANTHONY ORLANDO and
LENOX HILL HOSPITAL,
Continued Triaj.
Action 1
Index Number:
15198/84
Defendants.
ALFRED CALLAHAN, an infant by his
Father and Natural Guardian,
CHARLES CALLAHAN and CHARLES CALLAHAN,
Individually,
Plaintiffs,
- against -
MAUREEN SMITH and LORRAINE M. O'NEILL,
Defendants.
•X
Index Number:
24150/92
Action 2
Borough Hall Building
120-55 Queens Boulevard
Kew Gardens, New York 11424
April 20, 1993
23 B E F O R E : THE HONORABLE EUGENE J. BERKOWITZ, Justice,
and a Jury.
24
(Appearances continued on the following page)
2 5 A p p e a r a n c e s :
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MESSRS. KRAMER, DILLOF, TESSEL, DUFFY & MOORE
Attorneys for the Plaintiffs
233 Broadway
New York, New York 10279
BY: THOMAS MOORE, ESQ.
MESSRS. KOPFF, NARDELLI & DOPF
Attorneys for the Defendants:
DR. ROY SCHOEN, D'URSO and ORLANDO, M.D.,P.C.
and DR. ANTHONY ORLANDO
440 Ninth Avenue
New York, New York 10001
BY: PETER C. KOPFF, ESQ.
MESSRS. MARTIN, CLEARWATER & BELL
Attorneys for the Defendant, DR. JOHN D'URSO
220 East 42nd Street
New York, New York 10017
BY: ANTHONY M. SOLA, ESQ.
MESSRS. AARONSON, RAPPAPORT, FEINSTEIN & DEUTSCH
Attorneys for the Defendant
545 Madison Avenue
New York, Now York 10022
BY I MARK J. AARONSON, P!SQ.
MESSRS. WHITE, FLEISCIINER, FIND & WADE
Attorneys for the Defendants:
MAUREEN SMITH and LORRAINE O'NEILL
195 Broadway
New York, New York 10007
BYi PAUL F. CLARK, ESQ.
LENOX HILL HOSPITAL
Paul Misch
Court Clerk
Eileen Hyland
Bonnie Piccirillo
Senior Court Reporters
1 Abrahams-Plaintiff-Rebuttal/Direct 2
2 MR. MOORE: Plaintiff calls Dr. Abrahams
• 3 to the witness stand.
4 THE COURT: After the plaintiff's case
5 and then defendants' case, the plaintiff may
6 call a rebuttal witness.
7 J A M E S A B R A H A M S , residing a t Eight
8 Pinewood Road, Branford, Connecticut, a
9 witness called on rebuttal behalf of the
10 Plaintiffs, after having been first duly
11 sworn by the Clerk of the Court, took the
12 witness stand and testified as follows:
13 THE COURT: You may proceed, counselor.
14 DIRECT-EXAMINATION
15 BY MR. MOORE:
16 Q Doctor, I'm going to try and go quickly.
17 You're a physician duly licensed to practice medicine?
18 A That's correct.
19 Q Where do you practice that medicine?
20 A Yale School of Medicine.
21 Q And what is your particular specialty?
22 A I'm a neuroradiologist.
23 Q Okay, and going back from Yale, how long have
24 you been at Yale?
25 A I've been at Yale seven years.
1 Abrahams-Plaintiff-Rebuttal/Direct
2 Q Okay, and before Yale, did you do -- by the
3 way, did you do your Fellowship at Yale?
4 A Well, I did -- neuroradiology is two year
5 Fellowship. I did a year at Albany Medical College and
6 second year at Yale.
7 Q General residency before that?
8 A Yes.
9 Q Where was that?
10 A Albany Medical College.
11 Q When did you go to Yale for the first time?
12 A Seven, eight years ago.
13 Q And you did one year to complete your
14 Fellowship at neuroradiology?
15 A That's correct.
16 Q Now, is there Boards, is there subspecialty
17 Boards in neuroradiology?
18 A No, to be a neuroradiologist you had to do
19 two years of specialty training, but there is no exam.
20 Q You took your specialty Board, didn't you?
21 A Yes.
22 Q When was that?
23 A That was in the early eighties, about 1981.
24 Q Okay, and at the present time, what's your
25 position at Yale?
1 Abrahams-Plaintiff-Rebuttal/Direct 5
2 A I'm Assistant Professor in diagnostic
3 radiology.
4 Q And it takes time to get up I guess the
5 ladder, but you're still relatively young; is that
6 right?
7 A I like to think so.
8 Q In any event, Doctor, tell us did there come
9 a time when I contacted you about one very specific
10 circumstance that was testified in this case?
11 A Yes.
12 Q And when for the first time did I contact
13 you?
14 A I think it was about a couple of days ago.
15 Q I tried to get you Thursday and finally got
16 you Friday. Does that refresh your recollection?
17 A Yes.
18 Q And did I ask you one specific question at
19 that point about your opinion?
20 A Yes.
21 Q Did I ask you about --
22 MR. SOLA: He's leading, your Honor.
23 THE COURT: Overruled.
24 MR. MOORE: Judge, I'm --
25 Q Did I ask you specifically about testimony in
1 Abrahams-Plaintiff-Rebuttal/Direct 6
2 this case that if signs of Dyke-Davidoff-Masson
3 Syndrome were seen on a cat scan, does that mean the
4 injury had to occur at least ten months before; did I
5 ask you that