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McALWEE v. WESTCHESTER HEALTH ASSOCIATES, PLLC

2017-09841. Index No. 52047/15.

163 A.D.3d 549 (2018)

80 N.Y.S.3d 401

2018 NY Slip Op 05031

Mary V. McAlwee, Respondent, v. Westchester Health Associates, PLLC, et al., Defendants, and William B. Dieck, M.D., Individually and in His Capacity as Staff Doctor of Westchester Health Associates, Appellant.

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

Decided July 5, 2018.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant William B. Dieck for summary judgment dismissing the complaint insofar as asserted against him is granted.

This is an action sounding primarily in medical malpractice and lack of informed consent. The plaintiff alleged that the defendant Anne S. Negrin, a board-certified ophthalmologist, formerly employed by the defendant Westchester Health Associates, PLLC (hereinafter Health...

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