Brown v. Speaker

Order, Supreme Court, New York County (Joan B. Carey, J.), entered April 18, 2006, which, to the extent appealed from as limited by the briefs, denied motions by defendants TLC Laser Eye Center and Tullo for summary judgment, unanimously affirmed, without costs.

The record demonstrates that Tullo did not merely refer plaintiff to another physician without any further involvement. To the contrary, he was extensively involved in the decision that plaintiff was a suitable candidate for the LASIK surgery and in the preparation leading to that surgery (see Graddy v New York Med. Coll., 19 AD2d 426,…