Ferrara v. South Shore Orthopedic Associates

Order of the Supreme Court, New York County (Michael J. Dontzin, J.), entered on or about June 28, 1991, which denied defendant’s motion for summary judgment, unanimously reversed, on the law, and the motion granted, without costs.

It is plaintiff’s theory in this wrongful death action that defendant Constantine Foustanos, M.D., in interpreting x-rays taken for the purpose of revealing the presence of an orthopedic condition, should have seen the tumor, later revealed by a CAT scan, which ultimately caused the death of plaintiff’s decedent on April 22, 1985.

In January 1983, plaintiff’s…