PARK v. KOVACHEVICH

104987/08, 11676

116 A.D.3d 182 (2014)

982 N.Y.S.2d 75

2014 NY Slip Op 1679

MARIA PARK, Individually and as Executor of COOPER PARK, Deceased, Respondent, v. THOMAS KOVACHEVICH et al., Appellants, et al., Defendants.

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

Decided March 13, 2014.


Attorney(s) appearing for the Case

Morris Duffy Alonso & Faley, New York City ( Iryna S. Krauchanka and Barry M. Viuker of counsel), for Dr. Thomas Kovachevich, appellant.

Martin Clearwater & Bell, LLP, New York City ( Barbara D. Goldberg , Peter T. Crean and Geri B. Horenstein of counsel), for Dr. Aryeh Klahr and others, appellants.

Lisa M. Comeau , Garden City, for respondent.

ANDRIAS, FREEDMAN, RICHTER and CLARK, JJ., concur.


OPINION OF THE COURT

SWEENY, J.P.

This case involves the application of the professional medical judgment doctrine, which, as set forth herein, warrants dismissal of plaintiff's complaint.

On April 20, 2006, plaintiff's decedent, Cooper Park, called defendant Dr. Kovachevich, an osteopathic physician and family medicine practitioner who had been his primary care provider since 1999, and told Dr. Kovachevich that he was separating from plaintiff,...

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