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Yovich v. Montefiore Nyack Hosp.
Citation: 2023 NY Slip Op 00047Docket: Index No. 33804/20 Appeal No. 17026 Case No. 2022-03120
Court: Appellate Division of the Supreme Court of the State of New York; January 4, 2023; New York; State Appellate Court
Original Court Document: View Document
Michel Yovich, as Administratrix of the Estate of Cheryl Diahann Ouidad, brought a medical malpractice, lack of informed consent, and wrongful death lawsuit against Montefiore Nyack Hospital and Montefiore Medical Center (MMC). The Supreme Court, Bronx County initially denied defendants' motions to dismiss claims against MMC and to change the venue to Rockland County. However, the Appellate Division reversed this decision, finding that MMC could not be held liable due to the absence of a physician-patient relationship and that the claims against MMC were unsupported by sufficient factual allegations, particularly regarding piercing the corporate veil. The court noted that while the plaintiff's allegations were presumed true, legal conclusions and claims contradicted by documentary evidence were not entitled to such consideration. MMC and Nyack Hospital provided evidence showing that MMC did not provide care to the decedent and that it did not own Nyack Hospital. The court concluded that the complaint did not adequately allege that MMC dominated Nyack Hospital or abused its corporate form, and the plaintiff’s lack of discovery did not justify failing to plead necessary facts. With the dismissal of claims against MMC, the case lost its connection to Bronx County, making a transfer to Rockland County appropriate, as that is where the alleged malpractice occurred. The court directed the Clerk to enter judgment dismissing the complaint against MMC and to change the venue regarding Nyack Hospital's case to Rockland County.