GRAHAM v. WEINTRAUB


57 A.D.3d 609 (2008)

869 N.Y.S.2d 204

DONAVAN GRAHAM et al., Appellants, v. HOWARD WEINTRAUB et al., Respondents, et al., Defendant.

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

December 9, 2008.


Ordered that the judgment is reversed, on the law and the facts, the plaintiff's motion is granted, the complaint is reinstated against the defendants Howard Weintraub, Samuel Moskowitz, and Central Brooklyn Medical Group, P.C., and a new trial is granted as against those defendants, with costs to abide the event.

In this medical malpractice action, Donavan Graham (hereinafter the plaintiff) and his wife, derivatively, seek to recover damages for the alleged medical...

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