GIUNTA v. LAWRENCE HOSPITAL


270 A.D.2d 117 (2000)

704 N.Y.S.2d 477

GLORIA GIUNTA, Individually and as Mother and Natural Guardian of JOHN GIUNTA, JR., an Infant, et al., Respondents, v. LAWRENCE HOSPITAL et al., Defendants, ZANE C. KUO, Respondent, and ZVI MARANS, Appellant.

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

Decided March 16, 2000.


Defendant-appellant pediatric cardiologist's motion for summary judgment was properly denied since a material issue of fact exists as to whether defendant-appellant's alleged statement, that he did not believe the infant plaintiff was in congestive heart failure and that his examination of the child could wait until the following day, constituted incorrect affirmative advice (see, Miller v Sullivan, 214 A.D.2d 822, 823), reasonably...

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