PITTELLI v. MacGILLIVRAY

Index No. 805304/14 Appeal No. 1170 Case No. 2023-02610.

222 A.D.3d 442 (2023)

199 N.Y.S.3d 60

2023 NY Slip Op 06322

Frank Pittelli et al., Appellants, v. John MacGillivray et al., Respondents.

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

Decided December 7, 2023.


Attorney(s) appearing for the Case

Rebore, Thorpe & Pisarello, P.C., Farmingdale ( Michelle S. Russo of counsel), for appellants.

Vigorito, Barker, Patterson, Nicholas & Porter, LLP, New York ( Bhalinder L. Rikhye of counsel), for John MacGillivray and Hospital for Special Surgery, respondents.

Wagner, Dorman, Leto & DiLeo, P.C., Mineola ( Ingrid M. Rodriguez of counsel), for Stuart Chale, M.D., Stony Brook Emergency Physicians, and University Faculty Practice Corporation, respondents.

Concur—Webber, J.P., Scarpulla, Pitt-Burke, Rosado, O'Neill Levy, JJ.


Order, Supreme Court, New York County (Erika M. Edwards, J.), entered April 18, 2023, which granted defendants' respective motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

In this medical malpractice action, plaintiffs claim that defendants failed to properly diagnose and treat a ruptured triceps tendon, and that the delay in diagnosis resulted in a loss of the chance of full recovery.

The court correctly found that...

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