VELASQUEZ v. KATZ


42 A.D.3d 566 (2007)

840 N.Y.S.2d 410

BENJAMIN VELASQUEZ, Respondent, v. RICHARD J. KATZ, Appellant.

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

Decided July 31, 2007.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

In January 1994 the decedent Miguel Perez (hereinafter the decedent) commenced a medical malpractice action (hereinafter the underlying action) against Lutheran Medical Center (hereinafter Lutheran) alleging a failure to timely diagnose and treat his colorectal cancer condition. The decedent was represented by...

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