MARCUS OTERO plf-ap, v. EIAL FAIERMAN, M.D. def-res, CENTER FOR ORTHOPAEDIC SURGERY, LLP, DOING BUSINESS AS CENTER FOR ORTHOPAEDIC SURGERY & SPORTS MEDICINE, def

15114. MARCUS OTERO plf-ap, v. EIAL FAIERMAN, M.D. def-res, CENTER FOR ORTHOPAEDIC SURGERY, LLP, DOING BUSINESS AS CENTER FOR ORTHOPAEDIC SURGERY & SPORTS MEDICINE, def — Suckle Schlesinger PLLC, New York (Howard A. Suckle of counsel), for ap — Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains (Milan P. Spisek of counsel), for Eial Faierman, M.D., res — Aaronson Rappaport Feinstein & Deutsch, LLP, New York (Steven C. Mandell of counsel), for Louis C. Rose, M.D. and Throgs Neck Multi Care, P.C., res — Bartlett, McDonough & Monaghan, LLP, Mineola (Robert G. Vizza of counsel), for Sandeep Gupta, M.D. and Throgs Neck Urgent Medical Care, P.C., res — Judgment, Supreme Court, Bronx County (Stanley Green, J.), entered October 16, 2013, dismissing plaintiffs' complaint as against defendants-respondents pursuant to an order, same court and Justice, entered September 17, 2013, which had granted defendants-respondents' motions for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

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15114. MARCUS OTERO plf-ap, v. EIAL FAIERMAN, M.D. def-res, CENTER FOR ORTHOPAEDIC SURGERY, LLP, DOING BUSINESS AS CENTER FOR ORTHOPAEDIC SURGERY & SPORTS MEDICINE, def — Suckle Schlesinger PLLC, New York (Howard A. Suckle of counsel), for ap — Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains (Milan P. Spisek of counsel), for Eial Faierman, M.D., res — Aaronson Rappaport Feinstein & Deutsch, LLP, New York (Steven C. Mandell of counsel), for Louis C. Rose, M.D. and Throgs Neck Multi Care, P.C., res — Bartlett, McDonough & Monaghan, LLP, Mineola (Robert G. Vizza of counsel), for Sandeep Gupta, M.D. and Throgs Neck Urgent Medical Care, P.C., res — Judgment, Supreme Court, Bronx County (Stanley Green, J.), entered October 16, 2013, dismissing plaintiffs’ complaint as against defendants-respondents pursuant to an order, same court and Justice, entered September 17, 2013, which had granted defendants-respondents’ motions for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

In this action, plaintiffs allege, among other things, that defendant doctors failed to diagnose an infection in plaintiff Marcus Otero’s right knee. Defendants made a prima facie showing that they did not depart from good and accepted medical practice. Defendants submitted evidence, including testimony from experts in infectious diseases, showing that the infection was not present while plaintiff sought treatment from them, and that plaintiff did not exhibit the symptomology of an infection during such treatment, but rather exhibited the symptoms of a mechanical injury caused by a fall reported by plaintiff (see Alvarez v. Prospect Hosp., 68 NY2d 320, 324-325 [1986]).

MARCUS OTERO plf-ap, v. EIAL FAIERMAN, M.D. def-res, CENTER FOR ORTHOPAEDIC SURGERY, LLP, DOING BUSINESS AS CENTER FOR ORTHOPAEDIC SURGERY & SPORTS MEDICINE, def

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