Lodico v. Cohn

OPINION OF THE COURT

Henry G. Gossel, J.

This is a motion made by one of the defendants in a medical *867malpractice action seeking a dismissal of the complaint on the grounds that the complaint fails to state a cause of action as there was no physician-patient relationship between the plaintiff and the movant at the time of the alleged malpractice.

The moving defendant’s alleged negligence is claimed to have occurred between September 9, 1983, the date the plaintiff, Ronald Lodico, was examined by the moving defendant, Robert A. Caputi, M.D., and September 14, 1983, the date on which said defendant…