SCHWARTZ v. SPEAKER


35 A.D.3d 583 (2006)

825 N.Y.S.2d 646

CARRIE SCHWARTZ, Respondent, v. MARK G. SPEAKER et al., Defendants, and TLC LASER EYE CENTERS, INC., Appellant.

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

Decided December 12, 2006.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

In support of the branch of its motion which was for summary judgment dismissing the cause of action to recover damages for medical malpractice insofar as asserted against it, the appellant failed to demonstrate its prima facie entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]; Zuckerman...

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