Defendants failed to establish prima facie entitlement to summary judgment. Issues of fact exist regarding whether defendants departed from the applicable standard of care by delaying surgical treatment for decedent's breast cancer for nearly six months until October 19, 2015 and failing to remove her cancerous breast tumor on that date, and by delaying treatment for a remaining tumor from November 9, 2015 to February 18, 2016 (see Polanco v Reed,
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MUROFF v. HEERDT
Index No. 805358/17. Appeal No. 15675. Case No. 2021-03745.
204 A.D.3d 446 (2022)
164 N.Y.S.3d 433
2022 NY Slip Op 02343
Leah Muroff, as Executor of the Last Will and Testament of Yehudit Kugelsky, Respondent, v. Alexandra Heerdt, M.D., et al., Appellants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided April 7, 2022.
Decided April 7, 2022.
Attorney(s) appearing for the Case
Kaufman Borgeest & Ryan LLP, Valhalla ( Jacqueline Mandell , of counsel) for appellants.
Zucker & Regev, P.C., Brooklyn ( Aaron M. Ser , of counsel) for respondent.
Concur—Manzanet-Daniels, J.P., Gesmer, Oing, Rodriguez, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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