Frobose v. Weiner

Order, Supreme Court, Bronx County (Barry Salman, J.), entered June 4, 2004, which, insofar as appealed from, denied defendants-appellants ’ motions for summary judgment dismissing the complaint and any cross claims as against them, unanimously affirmed, without costs.

As between plaintiff and appellants physician and his medical practice, the parties’ conflicting expert affidavits raise issues of fact as to whether, inter alia, appellants departed from the prevailing standard of care by not examining plaintiffs decedent immediately upon being advised by appellant dialysis center that decedent…