SCHWELNUS v. UROLOGICAL ASSOCIATES OF L.I., P.C.

2011-07100.

94 A.D.3d 971 (2012)

943 N.Y.S.2d 141

2012 NY Slip Op 2858

ROBERT W. SCHWELNUS, Respondent, v. UROLOGICAL ASSOCIATES OF L.I., P.C., et al., Appellants.

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

Decided April 17, 2012.


Ordered that the order dated May 31, 2011, is reversed, on the law and in the exercise of discretion, with costs, the motion by the defendants for leave to renew their motion for summary judgment dismissing the complaint is granted and, upon renewal, the order dated January 6, 2011, is vacated, and the motion for summary judgment dismissing the complaint is granted.

The plaintiff alleges that the defendant physician Richard V. Musto failed to completely read a pathology...

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