McKenzie v. Abrahams

*759In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Westchester County (DiBella, J.), entered October 7, 2009, which denied her motion for summary judgment on the issue of liability.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that the branch of the plaintiffs motion which was for summary judgment on the issue of liability on so much of the complaint as alleges that the defendants’ malpractice in connection with the surgery of September 15, 2006, required the plaintiff to…