Appellate Division of the Supreme Court of New York, 1995

Cardoza v. Lawrence Hospital

Cardoza v. Lawrence Hospital
Appellate Division of the Supreme Court of New York · Decided June 29, 1995
216 A.D.2d 254; 628 N.Y.S.2d 1013; 1995 N.Y. App. Div. LEXIS 7138
Cardoza v. Lawrence Hospital

Opinion of the Court

Order, Supreme Court, Bronx County (Barry Salman, J.), entered December 17, 1993, which denied defendant hospital’s motion for summary judgment, unanimously affirmed, without costs.

The IAS Court correctly found issues of fact precluding summary judgment in favor of defendant hospital, including whether the defendant physician, who treated plaintiff upon arrival at the hospital’s emergency room, was acting on the hospital’s behalf at the time of his alleged acts of malpractice (cf., Sarivola v Brookdale Hosp. & Med. Ctr., 204 AD2d 245; Nagengast v Samaritan Hosp., 211 AD2d 878), and whether the treatment by either or both the physician and hospital staff deviated from accepted medical practice, parties having submitted conflicting expert affidavits in that regard (see, Farkas v Saary, 191 AD2d 178,180-181). Concur—Rosenberger, J. P., Kupferman, Asch, Nardelli and Mazzarelli, JJ.

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