GORDON v. MAGUN


83 N.Y.2d 881 (1994)

634 N.E.2d 974

612 N.Y.S.2d 373

Robert I. Gordon, Individually and as Administrator of The Estate of Carole Gordon, Deceased, Respondent, v. Arthur Magun, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided May 3, 1994.


Attorney(s) appearing for the Case

Heidell, Pittoni, Murphy & Bach, P. C., New York City (Donna A. Macaluso of counsel), for appellant.

Esterman & Esterman, New York City (Gideon J. Karlick of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, defendant's cross motion for partial summary judgment dismissing the personal injury causes of action sounding in medical malpractice granted and the certified question answered in the negative.

In January and February of 1987, defendant physician examined plaintiff's decedent at the request of decedent's dermatologist. The purpose of...

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