Toledo v. Ordway

In a medical malpractice action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Burke, J.), dated September 4, 1992, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the defendant’s motion for summary judgment is granted and the complaint is dismissed.

This medical malpractice action arises out of the defendant physician’s alleged negligence during the May 10, 1982 surgery on, and subsequent treatment of, the plaintiff’s injured leg. In connection…