Campbell v. Haber

—Order affirmed without costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court (Rath, Jr., J.). We add only that, in our view, the issue whether an implied physician-patient relationship arose between defendant Michael W. Kelberman, M.D. and Steven Campbell (plaintiff) cannot be determined as a matter of law on this record (see, Rojas v McDonald, 267 AD2d 130; Bienz v Central Suffolk Hosp., 163 AD2d 269, 270). Plaintiff presented at the emergency room of defendant Paxton Hospital (Hospital), complaining of chest pains. Defendant Eugene Haber, M.D., the emergency room…