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BOGIN v. METZ

10881.

180 A.D.3d 404 (2020)

118 N.Y.S.3d 579

2020 NY Slip Op 00816

Lori Bogin, as Executrix of the Estate of Heath Bogin, Deceased, Appellant-Respondent, v. Yasmin Metz, M.D., et al., Defendants, Danielle Nicolo, M.D., Respondent-Appellant, and Weill Cornell Medical Associates et al., Respondents.

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

Decided February 4, 2020.

Plaintiff alleges that defendant doctors negligently delayed in diagnosing and treating decedent Heath Bogin for Primary Mediastinal Large B Cell Lymphoma (PMBCL). The motion court correctly dismissed claims against Dr. Nicolo, a general practitioner, based on her first examination of decedent for a physical examination on November 18, 2014. Defendants' expert established prima facie that the treatment provided to decedent on that day comported with good and accepted practice...

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