Delacy v. University Radiology Associates, P. C.

In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Westchester County (Bellantoni, J.), dated October 2, 1997, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that a physician-patient relationship did not exist between the defendants and the plaintiff.

Ordered that the order is affirmed, with costs.

A cause of action to recover damages for medical malpractice must be founded upon the existence of a doctor-patient relationship (see, Heller v Peekskill Community Hosp., 198 AD2d 265;…