Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Schultz v. Albany Med. Ctr. Hosp.
Citation: 2023 NY Slip Op 05768Docket: 535456 536112
Court: Appellate Division of the Supreme Court of the State of New York; November 16, 2023; New York; State Appellate Court
Original Court Document: View Document
Appeal by Jonathan Schultz, both individually and as administrator of the estate of Lynette A. Schultz, from two orders of the Supreme Court, Albany County, concerning a medical malpractice and wrongful death case against Albany Medical Center Hospital. The first order, dated April 18, 2022, mandated the hospital to produce an incident/accident report for in camera inspection while denying Schultz's motion to compel further discovery. The second order, from July 8, 2022, found the incident report privileged under Education Law § 6527(3) and Public Health Law § 2805-m, thereby granting the hospital's protective order. Following these rulings, the Supreme Court issued a summary judgment in August 2023, dismissing Schultz's complaint. The hospital subsequently moved to dismiss the appeals as moot, arguing the entry of the final order extinguished the right to appeal from the earlier nonfinal orders. The appellate court, citing relevant case law, agreed that the appeals from the April and July 2022 orders were rendered moot by the summary judgment. Consequently, both appeals were dismissed without costs, and the motion to dismiss was deemed academic.