Cintron v. New York Medical College Flower & Fifth Avenue Hospitals

Order, Supreme Court, New York County (Lewis R. Friedman, J.), entered December 31, 1991, which, insofar as appealed from, granted defendant-respondent Dr. Gilbert Ortiz’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

In those cases in which this Court has found a physician-patient relationship between an "on call” attending physician and a "service” patient (Chang v Frigeri, 176 AD2d 643; Dillon v Silver, 134 AD2d 159), treatment was either required by hospital rules or in fact undertaken by the physician. Here, it is undisputed that the rules and…