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2766. RANEE BARTOLACCI-MEIR plf-res, v. ROBERT SASSOON, M.D., def, ELLEN SCHERL, M.D. def-ap — Heidell, Pittoni, Murphy & Bach, LLP, New York (Daniel S. Ratner of counsel), for ap — Koss & Schonfeld, LLP, New York (Jacob J. Schindelheim of counsel), for res — Order, Supreme Court, New York County (Douglas E. McKeon, J.), entered June 24, 2016, which denied defendants-appellants’ motion for summary judgment dismissing the complaint as against them, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

On September 10, 2010, four months after undergoing a cesarean section, plaintiff Raneee Bartolacci-Meir was diagnosed, via laparoscopic surgery, with a fistula. Defendant Dr. Ellen Scherl, a gastroenterologist, treated plaintiff both before and after her cesarean. Defendant Dr. Rasa Zarnegar, a surgeon, first treated plaintiff on July 15, 2010, on referral from an associate of Dr. Scherl. Dr. Scherl and Dr. Zarnegar are employees at defendant New York-Presbyterian/Weill Cornell Medical Center (Presbyterian). Dr. Robert Sassoon, plaintiff’s obstetrician, is also a defendant, but not a party to this appeal. The gravamen of plaintiff’s claim is that her doctors failed to diagnose the fistula, and that the delay in diagnosis led to the need for extensive resection of her cecum, appendix and intestines.

 
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