BORGIA v. ROTHBERG

2014-08657, Index No. 42224/08.

148 A.D.3d 1109 (2017)

2017 NY Slip Op 02401

50 N.Y.S.3d 452

ANDREW BORGIA, Appellant, v. CHARLES ROTHBERG, M.D., Respondent, et al., Defendant.

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

Decided March 29, 2017.


Ordered that the order dated July 1, 2014, is reversed insofar as appealed from, on the law and the facts, with costs, the plaintiff's motion for leave to renew is granted, upon renewal, the amended order dated June 5, 2012, is vacated, and the prior motion of the defendant Charles Rothberg for a protective order is denied.

This medical malpractice action arises out of two cataract procedures performed on the plaintiff by the defendant Charles Rothberg (hereinafter...

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