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GREENSPAN v. STAND-UP MRI OF MANHATTAN, P.C.

Index No. 805369/16, Appeal No. 16235, Case No. 2021-04537.

206 A.D.3d 588 (2022)

171 N.Y.S.3d 489

2022 NY Slip Op 04220

Lloyd Greenspan, Respondent, v. Stand-Up MRI of Manhattan, P.C., et al., Appellants, and NYU Hospitals Center, Appellant-Respondent, et al., Defendants.

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

Decided June 30, 2022.

Attorney(s) appearing for the Case

Bartlett LLP, Central Islip (William Robert Devine of counsel), for Stand-Up MRI of Manhattan, P.C., appellant.

Furey, Furey, Leverage, Manzione, Williams & Darlington, P.C., Hempstead (Heidelind M. Semming of counsel), for Ron Mark, M.D., appellant.

Aaronson Rappaport Feinstein & Deutsch, LLP, New York (Deirdre E. Tracey of counsel), for Alan Pinyavat, M.D., appellant/respondent.

Dwyer & Taglia, Valhalla (Gary J. Dwyer of counsel), for Dr. Alec S. Goldenberg, M.D., appellant.

Pollack, Pollack, Isaac & DeCicco LLP, New York (Brian J. Isaac of counsel), for respondent.

Concur—Friedman, J.P., Gesmer, Shulman, Pitt, JJ.

Dr. Pinyavat established prima facie that he did not deviate from good and accepted practice by submitting an expert affidavit opining that he complied with the applicable standard of care in focusing his examination on plaintiff's specific complaints about his arm and shoulder; plaintiff had made no complaints about his prostate or urinary tract. The expert also opined that Dr. Pinyavat, upon finding lung abnormalities on the CT-Scan of plaintiff's upper right extremity...

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