Liantonio v. Baum

This is a motion pursuant to CPLR 3212 for summary judgment in favor of defendant physician dismissing plaintiffs complaint in an action sounding in malpractice. Defendant pleads as an affirmative defense the Workmen’s Compensation Law.

Plaintiff, at the time of the alleged incident, was employed by the New York City Department of Sanitation. On March 23, 1974, while on his job, plaintiff felt pain in his right shoulder. He was sent for treatment to the Sanitation Department Clinic and was examined by defendant, a physician employee of the department. Defendant diagnosed plaintiffs condition…