From Casetext: Smarter Legal Research

Levy v. Forster

Appellate Division of the Supreme Court of New York, First Department
Apr 18, 2002
293 A.D.2d 364 (N.Y. App. Div. 2002)

Opinion

800

April 18, 2002.

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered March 22, 2001, which, in an action for medical malpractice, granted defendants-respondents' motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

STEPHEN D. CHAKWIN, JR., for plaintiff-appellant.

RICHARD E. LERNER, for defendants-respondents.

Before: Tom, J.P., Andrias, Buckley, Wallach, JJ.


The motion was properly granted in the absence of evidence that respondents were aware or should have been aware that the December 14, 1994 MRI, ordered by the decedent's chiropractor, had revealed a brain tumor or even a possibility thereof. The dispute concerning responsibility for cancellation of the MRI that the decedent was scheduled to undergo at respondent hospital on December 6, 1994 is not material where the decedent failed to reschedule with defendants-respondents.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Levy v. Forster

Appellate Division of the Supreme Court of New York, First Department
Apr 18, 2002
293 A.D.2d 364 (N.Y. App. Div. 2002)
Case details for

Levy v. Forster

Case Details

Full title:JOEL LEVY, ETC., PLAINTIFF-APPELLANT, v. GEORGE FORSTER, M.D., DEFENDANT…

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

Date published: Apr 18, 2002

Citations

293 A.D.2d 364 (N.Y. App. Div. 2002)
740 N.Y.S.2d 206