LOTYSZ v. MONTGOMERY M.D.


309 A.D.2d 628 (2003)

766 N.Y.S.2d 28

GREG LOTYSZ et al., Appellants, v. KENNETH O. MONTGOMERY, M.D., et al., Respondents, et al., Defendant.

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

Decided October 21, 2003.


Plaintiff Greg Lotysz was injured while performing his duties as an employee of the New York Jets. He was treated for his injuries by defendant-respondent doctors, whom he now sues for medical malpractice. The record, however, establishes that defendant-respondent doctors were salaried Jets employees retained to provide medical services for fellow Jets employees, such as plaintiff, and fully compensated for those services by the Jets organization, and that plaintiff obtained...

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