Smalls v. Gould

Order, Supreme Court, Bronx County (Mary Ann BriganttiHughes, J.), entered February 23, 2006, which denied the motions by defendants Bio-Reference Laboratories and Specialty *282Laboratories for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff commenced this action against the Laboratories defendants, as well as various doctors and healthcare providers, as a result of an alleged erroneous diagnosis of tuberculosis (TB). The Laboratories did not make a prima facie showing of entitlement to judgment as a matter of law with a tender of sufficient evidence to…