MEZZONE v. GOETZ

2511, 302667/11.

145 A.D.3d 573 (2016)

2016 NY Slip Op 08474

43 N.Y.S.3d 331

ENRICO MEZZONE, Respondent, v. EMILIO GOETZ, D.P.M., Defendant, and DEBBIE BAUTISTA, D.P.M., et al., Appellants.

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

Decided December 15, 2016.


Defendants Debbie Bautista, D.P.M., Davis Gordon, D.P.M., and Doctors United Clinic failed to make a prima facie showing of entitlement to summary judgment. In reaching the conclusion that no infection was present at the time defendants treated plaintiff, their respective experts relied in part upon notations in plaintiff's record with St. Barnabas stating that on June 22, 2010, the surgical wound site was clean and free from drainage. However, plaintiff testified that his...

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