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McNULTY v. CITY OF NY

295 A.D.2d 42 (2002)

742 N.Y.S.2d 242

MARY ANN McNULTY, Respondent-Appellant, v. CITY OF NEW YORK et al., Respondents, and MONTEFIORE MEDICAL CENTER et al., Appellants-Respondents.

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

May 21, 2002.

Attorney(s) appearing for the Case

Gary Silverman of counsel (Anne Paxton on the brief; O'Dwyer & Bernstien, LLP, attorneys), for respondent-appellant.

Ronald E. Sternberg of counsel (Leonard Koerner on the brief; Michael D. Hess, Corporation Counsel of New York City, attorney), for municipal respondents.

Edward J. Guardaro, Jr., of counsel (Bartlett, McDonough, Bastone & Monaghan, LLP, attorneys), for appellants-respondents.

LERNER and RUBIN, JJ., concur with NARDELLI, J.P.; SAXE and MARLOW, JJ., dissent in part in a separate opinion by SAXE, J.

OPINION OF THE COURT

NARDELLI, J.P.

In this appeal, we are asked to determine whether, in the absence of a physician-patient relationship, defendant physicians owed plaintiff a duty of care as that duty was defined by the Court of Appeals in Tenuto v Lederle Labs. (90 N.Y.2d 606), and later revisited by that Court in Cohen v Cabrini Med. Ctr. (94...

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