Rojas v. McDonald

—Order, Supreme Court, New York County (Stanley Sklar, J.), entered on or about April 8, 1999, which, in *131an action for podiatric malpractice arising out of plaintiffs visit to defendant pursuant to plaintiffs health insurer’s second opinion program, insofar as appealed from, denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

An issue of fact exists as to whether defendant affirmatively advised plaintiff to undergo the allegedly injurious surgery and whether plaintiff reasonably relied on such advice, such that an implied…