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GLASHEEN v. LONG ISLAND DIAGNOSTIC IMAGING

306 A.D.2d 515 (2003)

763 N.Y.S.2d 832

TRACY GLASHEEN et al., Appellants, v. LONG ISLAND DIAGNOSTIC IMAGING et al., Respondents, et al., Defendant. (Action No. 1.) TRACY GLASHEEN et al., Plaintiffs, v. ALBERT ADLER, Defendant. (Action No. 2.)

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

Decided June 30, 2003.

Ordered that the order is affirmed insofar as appealed from, with costs.

The gravamen of the plaintiffs' claim in Action No. 1 insofar as asserted against the respondents is that they failed to report the results of a mammography directly to the injured plaintiff or her treating physician. Thus, the complaint with respect to the respondents sounds in ordinary negligence, rather than malpractice (see Yaniv v Taub, 256 A.D.2d 273<...

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