AUFRICHTIG v. LOWELL


85 N.Y.2d 540 (1995)

650 N.E.2d 401

626 N.Y.S.2d 743

Burton Aufrichtig, Individually and as Conservator for Janette Aufrichtig, Appellants, v. Bruce K. Lowell, Respondent.

Court of Appeals of the State of New York.

Decided May 4, 1995.


Attorney(s) appearing for the Case

Bickford Hahn & Haley, New York City (Richard E. Hahn of counsel), for appellants.

DuBois, Billig, Loughlin, Conaty & Weisman, Great Neck (Kenneth Mauro and Ellen F. Weisman of counsel), for respondent.

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


BELLACOSA, J.

The issue is whether the defendant treating physician is entitled to summary judgment dismissing plaintiffs-appellants' cause of action for breach of the physician's duty to provide truthful information to the patient's insurance company. We hold that factual issues exist that preclude the grant of summary judgment to defendant physician, who was sued by his former patient. The allegations and record...

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