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SEVERINO v. WELLER

106422/09.

148 A.D.3d 272 (2017)

2017 NY Slip Op 01325

48 N.Y.S.3d 60

MARINO SEVERINO et al., Respondents, v. MARK WELLER, M.D., et al., Appellants, et al., Defendants.

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

Decided February 21, 2017.

Attorney(s) appearing for the Case

Marulli, Lindenbaum & Tomaszewski, LLP, New York City ( Gerard J. Marulli of counsel), for Mark Weller, M.D., appellant.

McAloon & Friedman, P.C., New York City ( Gina Bernardi DiFolco of counsel), for the New York and Presbyterian Hospital, appellant.

The Fitzgerald Law Firm, P.C., Yonkers ( Ann B. Chase , John M. Daly and Mitchell Gittin of counsel), for respondents.

GISCHE and WEBBER, JJ., concur with RENWICK, J.P.; ANDRIAS and SAXE, JJ., dissent in an opinion by ANDRIAS, J.

OPINION OF THE COURT

Summary judgment pursuant to CPLR 3212 permits a defendant to dispose of a case promptly where claims lack merit. It is not intended to deprive a plaintiff of the right to adjudicate claims where factual issues exist. In this case, we adhere to the rule that summary judgment is not authorized in a medical...

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