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FOX v. MARSHALL

2009-09573.

88 A.D.3d 131 (2011)

928 N.Y.S.2d 317

2011 NY Slip Op 6214

JAY H. FOX, Respondent, v. EVAN MARSHALL et al., Defendants, and SLS RESIDENTIAL, INC., et al., Appellants.

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

Decided August 9, 2011.

Attorney(s) appearing for the Case

Landman Corsi Ballaine & Ford, P.C., New York City ( William G. Ballaine , Ronald E. Joseph and Jason C. Astle of counsel), for SLS Residential, Inc. and others, appellants.

Marcus, Ollman & Kommer, LLP, New Rochelle ( Jonathan S. Klein of counsel), for SDL Case Management, Inc. and others, appellants.

Martin Clearwater & Bell, LLP, New York City ( Stewart G. Milch , Peter T. Crean and Gregory J. Radomisli of counsel), for Mark J. Stumacher, appellant.

Heidell, Pittoni, Murphy & Bach, LLP, New York City ( Daniel S. Ratner of counsel), for Dave Moore, appellant.

Winget, Spadafora & Schwartzberg, LLP, New York City ( Matthew Tracy of counsel), for Linda Padrof, appellant.

Purcell & Ingrao, P.C., Mineola ( Lynn A. Ingrao of counsel), for Jacqueline Marshall, appellant.

Allegaert Berger & Vogel, LLP, New York City ( Cornelius P. McCarthy and Ronald Busloff of counsel), for respondent.

MASTRO, J.P., FLORIO and LEVENTHAL, JJ., concur.

OPINION OF THE COURT

SGROI, J.

In this case we address the often muddled issue of whether a legally viable medical malpractice cause of action can be asserted against a physician by a third party even though no doctor-patient relationship ever existed between these parties. Under the circumstances of this case, we conclude that the law does not recognize such a cause of action.

This action has its genesis in a particularly brutal and unsettling crime...

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