Bellino v. Spatz

In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Nassau County (Burke, J.), entered November 9, 1995, which granted the motion of the defendant Roberta Berken as executor of the estate of Arthur Berken to dismiss the complaint insofar as asserted against that defendant.

Ordered that the order is affirmed, with costs.

The plaintiff’s decedent Joseph A. Bellino was a patient of Dr. Arthur Berken (now also deceased), an internist, from 1979 until 1987. Dr. Berken was essentially the family physician. The patient succumbed to, among…