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BENITEZ v. PATEL

Index No. 22818/15E. Appeal No. 15773. Case No. 2021-03920.

204 A.D.3d 529 (2022)

165 N.Y.S.3d 289

2022 NY Slip Op 02616

Robert Benitez, Respondent, v. Jalu Patel, D.P.M., et al., Defendants, and Praveen Kumrah, D.P.M., et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 21, 2022.

Attorney(s) appearing for the Case

Martin Clearwater & Bell LLP, East Meadow (Gregory A. Cascino, of counsel) for appellants.

Robert A. Hyams, New York (Marc Gertler of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Singh, Kennedy, Mendez, JJ.

There is no basis to hold defendant Dr. Kumrah liable for plaintiff's injuries. No party disputes that plaintiff never met Dr. Kumrah or received treatment from him directly. The record also shows that Dr. Kumrah was not involved in plaintiff's treatment behind the scenes and did not control or direct Dr. Patel's patient care in general (see McAlwee v Westchester Health Assoc., PLLC, 163 A.D.3d 549

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