ZIMMERLY v. GOOD SAMARITAN HOSPITAL


261 A.D.2d 614 (1999)

690 N.Y.S.2d 718

MARGARET ZIMMERLY, Appellant, v. GOOD SAMARITAN HOSPITAL, Defendant, and CRAIG L. SMESTAD, Sued Herein as CRAIG L. SMESTAT, Respondent.

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

Decided May 24, 1999.


Ordered that the judgment is affirmed, with costs.

The Supreme Court properly granted the motion of the defendant Craig L. Smestad, s/h/a Craig L. Smestat (hereinafter Dr. Smestad) for summary judgment dismissing the complaint. "[I]t is generally recognized that liability for medical malpractice may not be imposed in the absence of a physician-patient relationship" (Megally v LaPorta, 253 A.D.2d 35, 40; see, Finnegan v...

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