Cox v. Kingsboro Medical Group

Miller, J. (dissenting).

My dissenting colleague Justice Goldstein and I dispute the majority’s conclusion that the defendants have met their burden, as movants for summary judgment, of tendering sufficient evidence to eliminate material issues of fact raised by the plaintiff (Winegrad v New York Univ. Med. Ctr., 64 NY2d 851).

We shall proceed to identify several relevant issues of fact concerning the nature of the relationship between Kingsboro and Brookdale, Drs. Wolf and Levowitz, and Winston Cox, the patient of these care providers, which affect a determination of (1) whether a "relevant…