FRAGOSA v. HAIDER


17 A.D.3d 526 (2005)

793 N.Y.S.2d 161

XIMENA FRAGOSA, Respondent, v. NASIM HAIDER, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 18, 2005.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the cross motion which was pursuant to CPLR 3211 (a) (7) to dismiss the third cause of action to recover damages for medical malpractice is granted, and that cause of action is dismissed.

On April 30, 2002, the plaintiff, Ximena Fragosa, was examined by the defendant Dr. Nasim Haider, for "immigration purposes." The plaintiff asserted that during the physical examination...

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