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BARONE v. DELLO RUSSO LASER VISION MED. CARE, PLLC

1035, 805159/12.

139 A.D.3d 418 (2016)

30 N.Y.S.3d 111

2016 NY Slip Op 03437

JOHN C. BARONE, Respondent, v. DELLO RUSSO LASER VISION MEDICAL CARE, PLLC, Defendant, and LASER EYE PRACTICE OF NEW YORK, PLLC, et al., Appellants.

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

Decided May 3, 2016.

In this medical malpractice action stemming from Lasik eye surgery, Dr. Jeffrey Dello Russo satisfied his burden on summary judgment by submitting evidence that he had no further involvement with plaintiff after having performed initial corneal topographies, the performance and analysis of which plaintiff concedes did not deviate from accepted medical practice (see Kristal R. v Nichter, 115 A.D.3d 409, 411 [1st Dept 2014]). In opposition...

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