| Burns v Goyal |
| 2017 NY Slip Op 07162 [30 NY3d 956] |
| October 12, 2017 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, December 13, 2017 |
| Barbara Burns, Individually and as Executrix of Thomas J. Burns, Deceased, Appellant, v Sudhir Goyal et al., Defendants, and Rakesh B. Patel et al., Respondents. |
Decided October 12, 2017
Burns v Goyal, 145 AD3d 952, modified.
Frank N. Ambrosino, Smithtown, for appellant.
Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success (Christopher Simone of counsel), for Rakesh B. Patel, M.D., and another, respondents.
Keller, O'Reilly & Watson, P.C., Woodbury (Vincent J. Petrozzo, Angela A. Cutone and Kathleen V. Meara of counsel), for Michael Torelli, M.D., and another, respondents.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order modified, with costs to plaintiff against defendants Rakesh B. Patel and Suffolk Heart Group, LLP and to defendants Michael Torelli and South Shore Family Practice Associates, P.C. against plaintiff, by denying the motion of defendants Rakesh B. Patel and Suffolk Heart Group, LLP for summary judgment and, as so modified, affirmed. On this record, triable questions of fact preclude summary judgment in favor of these defendants.
Concur: Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman.