WEINSTEIN v. GEWIRTZ

2019-11270. Index No. 610877/15.

208 A.D.3d 717 (2022)

173 N.Y.S.3d 316

2022 NY Slip Op 04997

Ellen Weinstein, Appellant, v. Ilene Gewirtz et al., Respondents, et al., Defendants.

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

Decided August 17, 2022.


Attorney(s) appearing for the Case

Barry Semel-Weinstein (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Jillian Rosen ], of counsel), for appellant.

Dorf & Nelson, LLP, Rye, NY ( Anna Schwartz and Heidi Lewis of counsel), for respondents.

Dillon, J.P., Brathwaite Nelson and Roman, JJ., concur.


Ordered that the order is affirmed, with costs.

The plaintiff treated with the defendant Ilene Gewirtz between September 2009 and April 2013. Gewirtz provided the plaintiff with medical treatment for symptoms related to perimenopause and, over time, for symptoms related to menopause syndrome and general gynecological care. This care included annual visits and checkups, and prescriptions for mammograms. Gewirtz also diagnosed the plaintiff with

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