Mackauer v. Parikh

Dillon, J.P.,

dissents and votes to reverse the order insofar as appealed from, on the law, and grant that branch of the de*879fendants’ motion which was for summary judgment dismissing the complaint, with the following memorandum, in which Roman, J., concurs: In my view, the order appealed from should be reversed and that branch of the defendants’ motion which was for summary judgment dismissing the complaint should be granted.

On April 13, 2009, the plaintiff underwent a colonoscopy during which his appendix allegedly was perforated. In June 2011, the plaintiff commenced this action against Dr.…