GRIFFIN v. CERABONA

9175, 104084/03.

103 A.D.3d 420 (2013)

959 N.Y.S.2d 187

2013 NY Slip Op 701

ETHEL J. GRIFFIN, as Public Administrator of the New York County Estate of GARY LEBOW, Respondent, v. FRANCO P. CERABONA, M.D., Appellant, et al., Defendants.

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

February 5, 2013.


Order, Supreme Court, New York County (Joan B. Carey, J.), entered December 21, 2009, which, insofar as appealed from, denied the motion of defendant Franco P. Cerabona, M.D. for summary judgment dismissing the cause of action alleging medical malpractice as against him, unanimously affirmed, without costs.

The record presents triable issues of fact as to whether defendant physician committed malpractice by performing spinal...

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