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ALMANZAR v. FLEISS

24030/15.

59 Misc.3d 350 (2018)

73 N.Y.S.3d 866

2018 NY Slip Op 28087

JOSEFINA ALMANZAR, Plaintiff, v. DAVID J. FLEISS, M.D., et al., Defendants.

Supreme Court, Bronx County.

Decided March 22, 2018.

Attorney(s) appearing for the Case

Milber, Makris, Plousadis & Seiden, LLP, White Plains ( Robin A. Schair of counsel), for Uptown Healthcare Management, Inc., doing business as The Ambulatory Surgery Center of East Tremont Medical Center, defendant.

Ginarte O'Dwyer Gonzalez Gallardo & Winograd, LLP, New York City ( Glen Verchick of counsel), for plaintiff.

Ellenberg Gannon Henninger Fitzmaurice & Lim, LLP, New York City ( Corey Shulman of counsel), for David J. Fleiss, M.D., defendant.

OPINION OF THE COURT

The defendant, The Ambulatory Surgery Center of East Tremont Medical Center (ASCETMC), moves for summary judgment (CPLR 3212) dismissal of the instant complaint, which alleges two causes of action: medical malpractice and lack of informed consent. Specifically, ASCETMC argues that plaintiff is...

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