MILIAN v. BAILYN

10450. 26973/15E.

177 A.D.3d 574 (2019)

110 N.Y.S.3d 848

2019 NY Slip Op 08538

Charles R. Milian et al., Appellants, v. Douglas H. Bailyn, M.D., et al., Respondents.

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

Decided November 26, 2019.


Plaintiff Charles Milan alleges that defendant Douglas H. Bailyn, M.D., was negligent in failing to timely refer him to a urologist and that the delay proximately caused his prostate cancer to worsen and resulted in him having to undergo a radical prostatectomy.

We affirm on the ground that plaintiffs did not raise an issue of fact as to whether Milian's injuries were caused by defendants' alleged negligence. Defendants' expert's affirmation establishes that any delay...

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