Appellate Division of the Supreme Court of the State of New York July 5, 2012 (Cerniglia v. Cardiology Consultants of Westchester, P.C.)

*521On July 6, 2009, following coronary bypass surgery in June 2009, the plaintiff, then 88 years old, went to the office of the defendant Cardiology Consultants of Westchester, EC. (hereinafter Cardiology Consultants), for a post-operative checkup with the defendant Martin B. Cohen, the plaintiffs cardiologist for 20 years and a board member and shareholder of Cardiology Consultants.