Opinion
2496
December 10, 2002.
Judgment, Supreme Court, New York County (Jane Solomon, J.), entered December 11, 2001, dismissing the complaint as against defendant-respondent, and bringing up for review an order which, in an action for medical malpractice alleging failure to timely diagnose colon cancer, insofar as appealed from, granted defendant-respondent's motion for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs.
Stephen C. Glasser, for plaintiff-appellant.
Michael J. Laub, for defendant-respondent.
Before: NARDELLI, J.P., TOM, MAZZARELLI, BUCKLEY, ELLERIN, JJ.
Plaintiff fails to rebut defendant-respondent's prima facie showings that she did not follow his timely and repeated recommendations to undergo a colonoscopy and that he owed plaintiff no duty to supervise the specialists to whom he referred plaintiff for the colonoscopy (see Markley v. Albany Med. Ctr. Hosp., 163 A.D.2d 639, 640-641; Kleinert v. Begum, 144 A.D.2d 645, 647-648).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.