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VALERIYA TOLPYGINA, Respondent, v. DIANA TEPER et al., Defendants, and STEVEN GUTIN, Appellant.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court correctly denied that branch of the appellant's motion which was for summary judgment dismissing the complaint insofar as asserted against him. The parties offered conflicting expert opinions based on radiological studies containing ambiguities as to whether the plaintiff sustained a fracture to her left hip during the time that the alleged malpractice occurred ( see Dandrea v Hertz, 23 AD3d 332 [2005]). Moreover, a triable issue of fact exists with respect to whether the appellant treated the plaintiff or whether she was treated by a chiropractor.

The appellant's remaining contentions are without merit or have been rendered academic.

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TOLPYGINA v. TEPER
(Oct 9, 2007)