MECHANIC v. BURSZTYN


232 A.D.2d 348 (1996)

648 N.Y.S.2d 919

Wilbur Mechanic, Respondent, v. Enrique M. Bursztyn et al., Defendants, and North Bronx Resources, Inc., et al., Appellants

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

October 31, 1996


Summary judgment was properly denied, there being questions of fact whether appellants' nonprofessional employees failed to gather all necessary information relating to plaintiff's MRI test, whether they acted outside the scope of their employment and training by determining what type of MRI scan to perform without prior consultation with the supervising radiologist and whether they provided the interpreting radiologist with all of the information...

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