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SCHWARTZ v. MOUNT SINAI HOSPITAL

Index No. 805218/21. Appeal No. 16299-16299A. Case Nos. 2022-00754, 2022-00770.

208 A.D.3d 1138 (2022)

174 N.Y.S.3d 580

2022 NY Slip Op 05384

Laurens R. Schwartz, Appellant, v. Mount Sinai Hospital et al., Respondents.

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

Decided September 29, 2022.

Attorney(s) appearing for the Case

Laurens R. Schwartz, New York, appellant pro se.

Shaub, Ahmuty, Citrin & Spratt LLP, Lake Success (Nicholas Tam of counsel), for respondents.

Concur—Acosta, P.J., Mazzarelli, Gesmer, González, Pitt, JJ.

The complaint alleges a medical malpractice claim against the two physician defendants who participated in plaintiff's operation, but not against Dr. Reich, Mount Sinai Hospital's President and Chief Operating Officer. Since there is no allegation that Dr. Reich ever rendered treatment to plaintiff or had a doctor-patient relationship with him, plaintiff could not state a cognizable medical malpractice claim against him (see Thomas v Hermoso, 110 A...

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