Rodriguez v. Galin

Order, Supreme Court, New York County (Joan B. Carey, J.), entered May 26, 2004, which denied the motions for summary judgment by third-party defendant Gould and defendant Freedman, unanimously affirmed, without costs.

There is sufficient evidence in the record of this medical malpractice action to demonstrate the existence of triable issues of fact as to the moving doctors’ participation in plaintiffs eye surgery. Notwithstanding defendant and third-party plaintiff Galin’s frequent invocation of his Fifth Amendment right against self-incrimination during the course of his deposition, the…