VITO v. NORTH MEDICAL FAMILY PHYSICIANS


16 A.D.3d 1039 (2005)

791 N.Y.S.2d 797

MATTHEW VITO, Appellant, v. NORTH MEDICAL FAMILY PHYSICIANS, P.C., et al., Respondents.

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

March 18, 2005.


It is hereby ordered that the judgment so appealed from be and the same hereby is reversed on the law with costs, the motion is denied, the complaint is reinstated and a new trial is granted in accordance with the following memorandum: Plaintiff commenced this medical malpractice action alleging that defendants were negligent in various aspects of their treatment of his lower back injury. We agree with plaintiff's contention that Supreme Court erred in granting defendants...

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