Schaefer v. HCP Health Care Plan

—Order unanimously reversed on the law without costs, motion granted and complaint against defendant George R. Baeumler, M.D. dismissed. Memorandum: Supreme Court erred in denying the motion of George R. Baeumler, M.D. (defendant) seeking summary judgment dismissing the complaint against him. The complaint with respect to defendant alleges that he failed to provide or transmit the report of the results of plaintiffs thyroid scan performed on June 24,1994 at defendant Buffalo General Hospital (Hospital). In support of the motion, defendant submitted his deposition testimony in which he stated…