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GAMBACORTA v. GIORDANO

Index No. 805368/14. Appeal No. 13635. Case No. 2020-02848.

193 A.D.3d 572 (2021)

142 N.Y.S.3d 797

2021 NY Slip Op 02454

Theodore Gambacorta, Respondent, v. Christopher Giordano, M.D., et al., Defendants, and Ron Chay, M.D., et al., Appellants.

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

Decided April 22, 2021.

Attorney(s) appearing for the Case

McAloon & Friedman, P.C., New York ( Gina Bernardi DiFolco and Colin Rathje of counsel), for Ron Chay, M.D., appellant.

Heidell, Pittoni, Murphy & Bach, LLP, New York ( Daniel Lei of counsel), for Staten Island University Hospital, appellant.

Krentsel Guzman Herbert, LLP, New York ( Marcia Raicus of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Mendez, Shulman, JJ.

The record demonstrates that Dr. Chay's responsibility to diagnose and treat plaintiff's alleged paraspinal infection and abscess was assumed by Dr. Mobarakai, a consulting infectious disease specialist, who followed plaintiff's condition throughout the relevant treatment (see Perez v Edwards, 107 A.D.3d 565, 566 [1st Dept 2013], lv denied 22 N.Y.3d 862 [2014]; see generally Burtman v...

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