Osipova v. Silverberg

In an action, inter alia, to recover damages for podiatric malpractice, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Jacobson, J.), dated November 24, 2015, as denied that branch of his motion which was for summary judgment dismissing the cause of action alleging podiatric malpractice.

Ordered that the order is affirmed insofar as appealed from, with costs.

On July 16, 2011, the plaintiff sent an email to the defendant, a podiatrist. In the email, the plaintiff, who was suffering from a bunion, stated that another doctor had…