PULLIAM v. DEMETIS

2010-05083.

84 A.D.3d 1050 (2011)

923 N.Y.S.2d 336

EMILY PULLIAM, Respondent, v. SPIRO DEMETIS et al., Respondents, and PAUL F. RISKA, Appellant.

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

Decided May 17, 2011.


Ordered that the order is affirmed, with costs.

The appellant doctor moved for summary judgment dismissing the complaint and all cross claims insofar as asserted against him. The complaint alleged medical malpractice and lack of informed consent. The appellant established, prima facie, his entitlement to judgment as a matter of law. However, in opposition, the affidavit of the plaintiff's expert raised triable issues of fact as to both the medical malpractice and...

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