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1201. MAE RHYMES, ETC., plf-res, v. HEMANT K. PATEL, M.D., def, HARMEET SINGH, M.D. def-ap — Martin Clearwater & Bell, LLP, New York (Barbara D. Goldberg of counsel), for Harmeet Singh, M.D., ap — Lewis Johs Avallone Aviles, LLP, New York (Theresa Scotto-Lavino of counsel), for Vinod G. Bhagat, M.D. and Hemant K. Patel, M.D., P.C., ap — Finz & Finz, P.C., Mineola (Ameer Benno of counsel), for res — Order, Supreme Court, Bronx County (Stanley Green, J.), entered on or about February 20, 2015, which, to the extent appealed from as limited by the briefs, denied the motions of defendants Hemant K. Patel M.D., P.C. and Vinod G. Bhagat M.D., and of defendant Harmeet Singh M.D. for summary judgment dismissing the complaint in its entirety, unanimously affirmed, without costs.

From 2000 to 2009, plaintiff’s decedent, Bevia Rhymes, sought treatment with defendants Drs. Patel, Bhagat, and Singh, all of whom who were, at one time, employees of defendant Hemant K. Patel M.D., P.C., (the Patel PC). Decedent had smoked one pack of cigarettes a day for 25 years, quitting in 2000. During her treatment with defendants, decedent was diagnosed with, inter alia, chronic obstructive pulmonary disorder (COPD).

 
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