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Panlilio v. Mueller

300 A.D.2d 76 Court N.Y. App. Div. Decision date 2002-12-10 English

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p. 76
Lenore Panlilio, Appellant, v Richard L. Mueller, M.D., P.C., Respondent, et al., Defendant.
[750 NYS2d 845]

—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

p. 77
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.

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