Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

DELACY v. UNIVERSITY RADIOLOGY ASSOCIATES

Appellate Division of the Supreme Court of New York, Second Department.
Oct 26, 1998

Ordered that the order is affirmed, with costs.

A cause of action to recover damages for medical malpractice must be founded upon the existence of a doctor-patient relationship ( see, Heller v. Peekskill Community Hosp., 198 A.D.2d 265; Lee v. City of New York, 162 A.D.2d 34). The Supreme Court correctly determined that the defendants submitted proof in admissible form which established that there was no doctor-patient relationship between the plaintiff and any of the defendants.

The plaintiff's remaining contention is without merit.

Miller, J. P., Thompson, Pizzuto, McGinity and Luciano, JJ., concur.