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La v. New York Infirmary/Beekman Downtown Hospital
Citations: 214 A.D.2d 425; 625 N.Y.S.2d 36; 1995 N.Y. App. Div. LEXIS 4369
Court: Appellate Division of the Supreme Court of the State of New York; April 18, 1995; New York; State Appellate Court
The Supreme Court of New York County, under Judge Stanley Sklar, issued an order on July 18, 1994, affirming the denial of the defendant-appellant’s motion for summary judgment to dismiss the complaint, allowing for the possibility of renewal after the completion of discovery. The court determined that granting summary judgment at this stage would be premature, as the plaintiff had not yet deposed the attending physicians and other relevant individuals who could provide insight into the critical issue of whether the catheter was improperly inserted in the deceased's neck or if it had been correctly implanted in her chest and subsequently migrated due to a product defect. The court noted that this factual issue was evident from the x-ray reports included in the record, and thus, the plaintiff was not required to submit an expert affidavit to counter the defendant's claims. The decision was unanimous among the justices involved.