PASTORE v. SCHWARTZ, M.D.

2016-00191. Index No. 101289/14.

151 A.D.3d 1071 (2017)

58 N.Y.S.3d 447

2017 NY Slip Op 05231

ANNETTE PASTORE, Respondent, v. DAVID SCHWARTZ, M.D., et al., Appellants.

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

Decided June 28, 2017.


Ordered that the order dated September 11, 2015, is affirmed, with costs.

The plaintiff commenced this action against David Schwartz, Nancy Low, and the medical practice that they worked for, Staten Island Radiation Oncology, alleging that her breasts were burned when she received too much radiation while receiving treatment from the defendants. Prior to the completion of discovery, the defendants moved, inter alia, for summary judgment dismissing the complaint. The...

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