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3569-3570. MICHELLE LEWIS, plf-res, v. FREDERICK D. RUTKOVSKY, M.D. def-ap — Gordon & Silber, P.C., New York (Eldar Mayouhas of counsel), for Frederick D. Rutkovsky, M.D., ap — Kaufman Borgeest & Ryan LLP, Valhalla (David A. Beatty of counsel), for LHHN Medical, P.C. and Lenox Hill Community Medical Group, P.C., ap — Law Offices of Annette Hasapidis, White Plains (Annette G. Hasapidis of counsel), for res — Order, Supreme Court, New York County (Joan B. Lobis, J.), entered on or about April 21, 2015, which denied defendants’ motions for summary judgment as untimely, affirmed, without costs. Appeals from order, same court and Justice, entered April 18, 2016, which, upon effectively granting defendants’ motions for reargument, adhered to the prior order, dismissed, without costs, as academic.

In this medical malpractice action, plaintiff claimed to have suffered injuries as a result of negligent care she received from defendant Frederick D. Rutkovsky, M.D., plaintiff’s primary care physician, and, vicariously, from defendant LHHN Medical P.C.1 Specifically, plaintiff alleged that Dr. Rutkovsky failed to detect, diagnose, and treat a meningioma (that is, a benign brain tumor) from on or about April 3, 1998 until September 5, 2007. In support of her allegations, plaintiff asserted that Dr. Rutkovsky “ignored” her repeated complaints of migraine headaches, blurred vision, and other related symptoms. Plaintiff ultimately underwent a left frontal parasagittal craniotomy and suffered a loss of vision rendering her legally blind. By complaint dated March 5, 2010, plaintiff commenced this action against LHHN Medical, P.C., and Lenox Hill Community Medical Group, P.C. (together LHHN) and Dr. Rutkovsky, alleging medical malpractice and lack of informed consent.

 
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