VEGA v. MOUNT SINAI-NYU MEDICAL CENTER AND HEALTH SYSTEM


13 A.D.3d 62 (2004)

786 N.Y.S.2d 23

WILFREDO VEGA et al., Appellants, v. MOUNT SINAI-NYU MEDICAL CENTER AND HEALTH SYSTEM et al., Respondents.

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

December 2, 2004.


Plaintiff Wilfredo Vega was never treated by defendant Dr. Benjamin and there is no evidence of any relationship between Benjamin and plaintiff's surgeon, defendant Dr. Babu, such as would support imputing liability to Benjamin for injuries allegedly suffered by plaintiff in consequence of Babu's surgery.

The affirmations of plaintiffs' experts submitted in opposition to defendants' summary judgment motion sufficed to raise triable issues as to whether the surgery...

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