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BROWN v. SPEAKER, M.D.

33 A.D.3d 446 (2006)

824 N.Y.S.2d 1

CRAIG BROWN, Respondent, v. MARK G. SPEAKER, M.D., et al., Defendants, and TLC LASER EYE CENTER et al., Appellants.

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

Decided October 17, 2006.

The record demonstrates that Tullo did not merely refer plaintiff to another physician without any further involvement. To the contrary, he was extensively involved in the decision that plaintiff was a suitable candidate for the LASIK surgery and in the preparation leading to that surgery (see Graddy v New York Med. Coll., 19 A.D.2d 426, 429 [1963]). His counsel's affirmation to the contrary...

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