DUGAS v. BERNSTEIN


5 Misc.3d 818 (2004)

786 N.Y.S.2d 708

CHRISTINE DUGAS, Individually and as Administrator of the Estate of ROBERT I. FRIEDMAN, Deceased, Plaintiff, v. DONALD H. BERNSTEIN, M.D., et al., Defendants.

Supreme Court, New York County.

September 28, 2004.


Attorney(s) appearing for the Case

Belair & Evans, LLP, New York City, for Stephen John Bennett, defendant.

Martin, Clearwater & Bell, LLP, New York City, for Marc Spero and another, defendants.

Aaronson, Rappaport, Feinstein & Deutsch, LLP, New York City, for Lester Nadel, defendant.

Garson, Gerspach, DeCorato & Cohen, LLP, New York City, for Donald H. Bernstein, defendant.

Napoli, Kaiser & Bern, LLP, New York City, for plaintiff.


OPINION OF THE COURT

JOAN B. CAREY, J.

Introduction

Motion by defendant Stephen Bennett, M.D. for leave to reargue his prior motion which was for summary judgment dismissing the complaint insofar as asserted against him, and separate cross motions by defendants Marc Spero, M.D. and Mid-Manhattan Medical Associates, P.C., Lester Nadel, M.D., and Donald Bernstein, M.D. for similar relief.

Facts and Procedural Posture

In August 1995...

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