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POLEVOY v. CENT. MED. GROUP OF BROOKLYN

204 A.D.2d 421 (1994)

614 N.Y.S.2d 176

Chaim Polevoy, Respondent, v. Central Medical Group of Brooklyn et al., Defendants, and Sang Bock Lee, Appellant

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

May 9, 1994

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellant doctor's contentions, we find that issues of fact exist as to whether he participated in the resuscitation of the infant plaintiff, and whether, if he did not, he had an affirmative duty to do so. These issues preclude the granting of summary judgment in his favor (see, Zuckerman v City of New York, 49 N.Y.2d 557

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