Guarino v. Sharzer

Order, Supreme Court, Bronx County (Barry Salman, J.), entered April 27, 1999, which, to the extent appealed from, denied so much of defendant’s motion for summary judgment as sought dismissal of plaintiffs medical malpractice claims related to surgery performed on plaintiffs breasts, unanimously affirmed, without costs.

Defendant has failed to demonstrate that no issue of material fact exists as to whether plaintiff had terminated the relationship of trust and confidence prior to her last visit with him *189on January 20, 1994 and, accordingly, has failed to demonstrate the inapplicability of the…