Fernandez v. Elemam
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for medical malpractice and negligence, the defendant appeals from an order of the Supreme Court, Suffolk County (Loughlin, J.), dated December 18, 2003, which denied his motion for summary judgment dismissing the complaint.
Ordered that the order is reversed on the law, with costs, the motion is granted, and the complaint is dismissed.
The plaintiff received an electric shock at Long Island Medical Associates, P.C. (hereinafter LIMA) while the physical therapist provided electronic stimulation to the plaintiffs lower back with equipment which malfunctioned. The…
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