JOSEPH v. BRODMAN


220 A.D.2d 331 (1995)

633 N.Y.S.2d 942

James Joseph, Individually and as Administrator of The Estate of Alexandrina Joseph, Deceased, Respondent, v. Harold R. Brodman et al., Appellants, et al., Defendant

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

October 24, 1995


The conflicting affidavits and deposition testimony of the parties and their experts raise issues of fact precluding summary judgment, including, with respect to defendant Cohen, whether he recommended to the decedent on her initial visit to him in January 1984 that she undergo a course of adjuvant therapy, and, if not, whether the failure to do so was malpractice that diminished the decedent's chances of survival, and, with respect to defendant Brodman, whether he recommended...

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