68 N.Y.2d 320 (1986)

Maria Alvarez, Respondent, v. Prospect Hospital et al., Defendants, and Jesse D. Stark, Appellant. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided November 11, 1986.

Attorney(s) appearing for the Case

Patricia D'Alvia and James B. Reich for appellant.

Mitchell D. Kessler and Aaron J. Broder for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, TITONE and HANCOCK, JR., concur.


In this medical malpractice action, the Appellate Division has affirmed Supreme Court's denial of defendant Stark's motion for summary judgment and has granted leave to appeal to this court on the certified question: "Was the order of Supreme Court, as affirmed by this Court, properly made?" For the reasons that follow, we reverse the order of the Appellate Division, grant defendant Stark's motion...

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