Appellate Division of the Supreme Court of New York, 2003

Clemons v. Glicksman

Clemons v. Glicksman
Appellate Division of the Supreme Court of New York · Decided November 25, 2003
1 A.D.3d 286; 767 N.Y.S.2d 590; 2003 N.Y. App. Div. LEXIS 12500
Clemons v. Glicksman

Opinion of the Court

*287Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered February 7, 2003, which, in a medical malpractice action, denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiffs expert’s affidavit raises issues of fact as to whether, inter alia, defendants incorrectly diagnosed and treated the decedent’s condition as cancer, and, if so, whether such error was due to a departure from accepted standards calling for diagnostic tests ruling out multiple sclerosis and vascular compromise. Concur—Mazzarelli, J.P, Saxe, Williams, Lerner and Marlow, JJ.

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