Burns v Goyal

New York Court of Appeals

Oct 12, 2017

138 SSM 22

Versions:30 NY3d 956

2017 NY Slip Op 07162

Decided October 12, 2017

Burns v Goyal, 145 AD3d 952, modified.

APPEARANCES OF COUNSEL

Frank N. Ambrosino, Smithtown, for appellant.

Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success (Christopher Simone of counsel), for Rakesh B. Patel, M.D., and another, respondents.

Keller, O‘Reilly & Watson, P.C., Woodbury (Vincent J. Petrozzo, Angela A. Cutone and Kathleen V. Meara of counsel), for Michael Torelli, M.D., and another, respondents.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order modified, with costs to plaintiff against defendants Rakesh B. Patel and Suffolk Heart Group, LLP and to defendants Michael Torelli and South Shore Family Practice Associates, P.C. against plaintiff, by denying the motion of defendants Rakesh B. Patel and Suffolk Heart Group, LLP for summary judgment and, as so modified, affirmed. On this record, triable questions of fact preclude summary judgment in favor of these defendants.

Concur: Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman.