Opinion
March 20, 1995
Appeal from the Supreme Court, Suffolk County (Henry, J.).
Ordered that the order is modified, on the law, by deleting the provision thereof which granted the branch of the motion of the defendant Hasan Rizvi which was to impose sanctions on the plaintiffs' counsel and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, with costs to the respondent.
The plaintiff Mary Quinn alleges that she sustained severe emotional distress when she was misdiagnosed as having terminal cancer. We agree with the Supreme Court's conclusion that the plaintiffs failed to raise a triable issue of fact as to whether the defendant Hasan Rizvi, an oncologist, breached a duty owed to Mrs. Quinn when he was called in for consultation after the erroneous diagnosis of cancer had been made and allegedly communicated this diagnosis to Mrs. Quinn (see, Zuckerman v. City of New York, 49 N.Y.2d 557, 562).
We find, however, that sanctions were not warranted (see, CPLR 8303-a). Sullivan, J.P., Copertino, Hart and Krausman, JJ., concur.