DAVIS v. Uhlas Lotikar, respondent.

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Supreme Court, Appellate Division, Second Department, New York.

Mary DAVIS, appellant, v. BROOKLYN HOSPITAL CENTER d/b/a Brooklyn Hospital Center Caledonia Hospital, et al., defendants, Uhlas Lotikar, respondent.

Decided: April 26, 1999

MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, ANITA R. FLORIO and LEO F. McGINITY, JJ. George F. Sacco, Mineola, N.Y. (Terrance Ingrao of counsel), for appellant. Peltz & Walker, New York, N.Y. (L. Ruby Rey of counsel), for respondent and for defendants Stephen Carryl, Central Brooklyn Medical Group, P.C., Bedford Williamsburg Center, and Warren Goins.

In an action to recover damages for personal injuries based on medical malpractice and lack of informed consent, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Spodek, J.), dated March 27, 1998, as granted that branch of the motion of the defendants Central Brooklyn Medical Group, P.C., Bedford Williamsburg Center, Stephen Carryl, Uhlas Lotikar, and Warren Goins which was for summary judgment dismissing the complaint insofar as asserted against the defendant Uhlas Lotikar.

ORDERED that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and that branch of the motion which was for summary judgment dismissing the complaint insofar as asserted against the defendant Uhlas Lotikar is denied.

Because of the improper redaction of the name of Dr. Uhlas Lotikar's medical expert from the expert's affidavit, that branch of the defendants' motion which was for summary judgment dismissing the complaint insofar as asserted against Dr. Lotikar cannot be granted (see, Marano v. Mercy Hosp., 241 A.D.2d 48, 670 N.Y.S.2d 570).

MEMORANDUM BY THE COURT.

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