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2 • 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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, MD,PC, 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 : 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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, MD,PC 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
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