Panlilio v. Mueller

300 A.D.2d 76, 750 N.Y.S.2d 845, 2002 N.Y. App. Div. LEXIS 12112

Opinion

—Judgment, Supreme Court, New York County (Jane Solomon, J.), entered December 11, 2001, dismissing the complaint as against defendant-respondent, and bringing up for review an order which, in an action for medical malpractice alleging failure to timely diagnose colon cancer, insofar as appealed from, granted defendant-respondent’s motion for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs.

Plaintiff fails to rebut defendant-respondent’s prima facie showings that she did not follow his timely and repeated recommendations to undergo a colonoscopy and that he owed plaintiff no duty to supervise the specialists to whom he referred plaintiff for the colonoscopy (see Markley v Albany Med. Ctr. Hosp., 163 AD2d 639, 640-641; Kleinert v Begum, 144 AD2d 645, 647-648). Concur — Nardelli, J.P., Tom, Mazzarelli, Buckley and Ellerin, JJ.