RODRIGUEZ v. BURSZTYN

2018-07463. Index No. 506739/14.

187 A.D.3d 1230 (2020)

131 N.Y.S.3d 569

2020 NY Slip Op 06162

Junior Rodriguez, Respondent, v. Mark Bursztyn et al., Appellants.

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

Decided October 28, 2020.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action, inter alia, to recover damages for medical malpractice, alleging that a negligently performed surgery on his right shoulder necessitated a second surgery. The defendants moved for summary judgment dismissing the complaint. In an order dated April 25, 2018, the Supreme Court, among other things, denied that branch of the defendants' motion which was for summary...

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