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ORSI v. HARALABATOS

No. 50.

20 N.Y.3d 1079 (2013)

987 N.E.2d 631

965 N.Y.S.2d 71

2013 NY Slip Op 1993

KEITH ORSI, an Infant, by His Parents and Natural Guardians, LISA ORSI and Another, et al., Appellants, v. SUSAN HARALABATOS, M.D., et al., Respondents, et al., Defendants.

Court of Appeals of New York.

Decided March 26, 2013.

Attorney(s) appearing for the Case

Silberstein, Awad & Miklos, P.C., Garden City ( Dana E. Heitz and Joseph P. Awad of counsel), for appellants.

Phillips Lytle LLP, New York City ( Eric M. Kraus and Craig R. Bucki of counsel), for respondents.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and so much of the motion of defendants Haralabatos and Stony Brook Orthopaedic Associates as seeks summary judgment dismissing the medical malpractice cause of action against them should be denied.

We agree with the Appellate Division that there are issues of fact as to whether Haralabatos and Stony...

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