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Mackey v. Southampton Hospital
Citations: 264 A.D.2d 410; 694 N.Y.S.2d 119; 1999 N.Y. App. Div. LEXIS 8644
Court: Appellate Division of the Supreme Court of the State of New York; August 9, 1999; New York; State Appellate Court
In a wrongful death action, the plaintiff appeals two orders from the Supreme Court of Suffolk County. The first order, dated June 4, 1998, granted summary judgment to defendants Kristin P. Naso, D.O., and Robert Plachy, M.D., dismissing the complaint against them. The second order, entered February 8, 1999, adhered to the earlier decision upon renewal and/or reargument. The appeal from the June 4, 1998, order is dismissed as it was superseded by the February 8, 1999, order. The latter order is modified to deny Robert Plachy, M.D.'s motion for summary judgment without prejudice to renew, due to the improper redaction of his medical expert's name in his affidavit. Although summary judgment is denied for Plachy, it is noted that there is no evidence linking his alleged medical standard deviations to the injury. Conversely, Kristin P. Naso, D.O., successfully established that she was not negligent in her treatment of the plaintiff's decedent. The plaintiff did not present sufficient evidence to raise a triable issue of fact regarding her negligence, thus the court properly granted summary judgment in her favor. The modified order is affirmed, and the prior order from June 4, 1998, is amended accordingly. Judges Bracken, Goldstein, McGinity, and Schmidt concur in the decision.