Wienk-Evans v. North Shore University Hospital at Glen Cove

—In an action to recover damages for. personal injuries based upon medical malpractice, the defendant Tharakaram Ravishankar appeals from an order of the Supreme Court, Nassau County (Burke, J.), dated December 16, 1998, which denied his motion for summary judgment dismissing the complaint insofar as asserted against him.

Ordered that the order is affirmed, with costs.

An issue of fact exists as to whether the appellant, who was initially used by the plaintiffs treating physicians as a consulting physician, undertook to treat the plaintiff, thereby creating a physician-patient relationship…