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PEREZ v. ALBERT

229 A.D.2d 1037 (1996)

646 N.Y.S.2d 463

Hipolito Perez, Appellant, v. Peter Albert et al., Respondents, et al., Defendant

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

July 12, 1996

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: We conclude that Supreme Court properly granted the motion of defendant Roger Billig, M.D., for summary judgment dismissing the complaint against him, for reasons stated in the decision at Supreme Court. The court erred, however, in granting the motion of defendant Peter Albert, M.D., to dismiss the complaint against him. Factual issues exist whether plaintiff...

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