ROQUES v. NOBLE

1568, 13721/06

73 A.D.3d 204 (2010)

899 N.Y.S.2d 193

TETLA ROQUES, Appellant, v. DAVID H. NOBLE, M.D., et al., Respondents, et al., Defendant.

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

Decided April 20, 2010.


Attorney(s) appearing for the Case

Thomas Torto , New York City ( Jason Levine of counsel), and David L. Taback, P.C., New York City, for appellant.

Kopff, Nardelli & Dopf LLP, New York City ( Martin B. Adams of counsel), for David H. Noble, M.D., and another, respondents.

Martin Clearwater & Bell LLP, New York City ( Arjay G. Yao , Jeffrey A. Shor and Steven A. Lavietes of counsel), for Kamran Tabaddor, M.D., and another, respondents.

MAZZARELLI, J.P., and CATTERSON, J., concur with ROMÁN, J.; DEGRASSE, J., dissents in a separate opinion.


OPINION OF THE COURT

ROMÁN, J.

This action alleges medical malpractice, lack of informed consent and wrongful death. Defendants allegedly misdiagnosed decedent's condition and performed an unnecessary and contraindicated medical procedure, thereby injuring decedent and ultimately causing his death.

Defendants* moved for summary judgment solely on the cause of action for wrongful death, and the trial court granted...

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