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CAMPBELL v. HABER

274 A.D.2d 946 (2000)

710 N.Y.S.2d 495

STEVEN CAMPBELL et al., Respondents, v. EUGENE HABER et al., Defendants, and MICHAEL W. KELBERMAN, Appellant.

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

Decided July 7, 2000.

Order affirmed without costs.

Memorandum:

We affirm for reasons stated in the decision at Supreme Court (Rath, Jr., J.). We add only that, in our view, the issue whether an implied physician-patient relationship arose between defendant Michael W. Kelberman, M.D. and Steven Campbell (plaintiff) cannot be determined as a matter of law on this record (see, Rojas v McDonald, 267 A.D.2d 130; Bienz v Central Suffolk...

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