OELSCHLAGEL v. Burton L. Sekuler, etc., third-party defendant-respondent, et al., third-party defendant. (2005)

In an action, inter alia, to recover damages for wrongful death, the third-party plaintiffs appeal from an order of the Supreme Court, Kings County (Schmidt, J.), dated June 1, 2004, which granted the motion of the third-party defendant Burton L. Sekuler for summary judgment dismissing the third-party complaint insofar as asserted against him.

ORDERED that the order is affirmed, with costs.

 “Although physicians owe a general duty of care to their patients, that duty may be limited to those medical functions undertaken by the physician and relied on by the patient” (Boone v. North Shore Univ. Hosp. at Forest Hills, 12 A.D.3d 338, 339, 784 N.Y.S.2d 151, see Wasserman v. Staten Is. Radiological Assoc., 2 A.D.3d 713, 714, 770 N.Y.S.2d 108).   The third-party defendant Burton L. Sekuler submitted evidence sufficient to establish his entitlement to judgment as a matter of law (see Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 487 N.Y.S.2d 316, 476 N.E.2d 642;  Kleinert v. Begum, 144 A.D.2d 645, 535 N.Y.S.2d 43).   The single examination by Sekuler of the plaintiff's decedent did not render him responsible for her care subsequent to his consultation.   In opposition, the third-party plaintiffs failed to submit evidence sufficient to raise a triable issue of fact.