West v. Genuth

West v Genuth 2024 NY Slip Op 30533(U) February 16, 2024 Supreme Court, Kings County Docket Number: Index No. 507063/21 Judge: Genine D. Edwards Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service.

This opinion is uncorrected and not selected for official publication.

FILED: KINGS COUNTY CLERK 02/20/2024 04:37 PM INDEX NO. 507063/2021 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 02/20/2024 ..

At an IA Term Part 80 of the Supreme Court of the State of ew York, held in and for the County of Kings, at the Courthouse, at 360 Adams Street Brooklyn, ew York on the 16th day of February 2024.

PRES E T: HO . GE rNE D. EDWARDS, Justice. ----------------------------------------------------------------------------x GRA IE WE T as Administratrix of the Goods Chattels, and Credits of A DREW WE T Deceased, Plaintiff, DECISIO /ORDER -against- Index o. 507063/21 LEWI GE UTH M.D. ot. Seq. o. 4 ADYA TAGECARE PHY ICIA S, P.C., MARGARITA KHOTS A M.D.

MA YA LI M.D. and EW YORK PRE BYTERIA BROOKLY METHODIST HOSPITAL Defendants. ----------------------------------------------------------------------------x The following e-filed papers read herein: o.: otice of Motion and Affirmation ....... ....... .. ...... . ....... ........... 139-140 Memorandum of La in Opposition .... ............. ..... . ............... 143-144 Reply Affirmation ... ..... ............... ........ ...................... ...... 147

In this action to recover damag s for medical malpractice and rongful death defendant Margarita Khat na M.D. Ma a Lin M.D. ("ER [emergency room] Attending Lin ) and ew York Presbyterian Brookl n Methodist Ho pita} ( 'Methodi t ) jointl move for lea to r argue the branch of their prior motion that ought summary judgment in fa or of ER Attending Lin and Methodi t (the latter as to the potential vicarious liability for R Attending Lin) (collectivel the Lin defendants ) which a deni d and upon reargum nt, granting summary judgment in favor of the Lin defendants

[* 1] 1 of 4 FILED: KINGS COUNTY CLERK 02/20/2024 04:37 PM INDEX NO. 507063/2021 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 02/20/2024 and vacating the prior order to that extent. Defendant Margarita Khotsyna, M.D.

although a party to both the prior motion and the instant motion, is not moving for leave to reargue the prior motion as to her own (and, by extension, Methodist s) liability.

Gracie West(' plaintiff) as the administratrix of the good chattels, and credit of Andrew West, deceased (the "patient"), opposes the instant motion, with the notation in Point IV of her memorandum of law that she "voluntarily withdraw all claim against [Methodist] in relation to the [patient' s] clinic pre entations on June 5 August 14 and August 28 of2018." Discussion As the Lin defendant correctly pointed out the affirmation of plaintiffs expert a double board-certified gastroenterologist and internist, lacked probative value because such expert failed to specify that he (or she) had any specific training or expertise in emergency medicine, or how he (or she) became familiar with the applicable standards of care in the specialized field of emergency medicine. See Corujo v. Caputo, _ A.D.3d _, _ .Y .. 2d _ , 2024 .Y. Slip Op. 00756 (2d Dept. 2024).

The Court considered the parties remaining contentions and found them unavailing. All relief not expressly granted herein is denied.

Conclusion Accordingly, it is ORDERED that in mot. seq. 4, leave to reargue the prior joint motion in mot. seq. 3 of defendants Margarita Khotsyna M.D., Maya Lin M.D. and New York Presbyterian Brooklyn Methodist Hospital for ummary judgment is granted and upon

[* 2] 2 of 4 FILED: KINGS COUNTY CLERK 02/20/2024 04:37 PM INDEX NO. 507063/2021 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 02/20/2024 reargument, the prior motion is granted to the extent that plaintiff claims as against Maya Lin, M.D. and New York Presbyterian Brooklyn Methodist Hospital (solely as to potential vicarious liability of ER Attending Lin) are dismissed without costs or di bur ements and the remainder of th ir prior motion is denied and it is further ORDERED that, on plaintiff's consent, her additional claims a against New York Presbyterian Brooklyn Methodist Hospital in relation to the patient's clinic presentations on June 5 August 14 and August 28, 2018 are dismissed, and it is further ORDERED that the action is severed and continued as against the remaining defendants Lewis Genuth, M.D. AdvantageCare Physicians, P.C. , Margarita Khotsyna M.D., and New York Presbyterian Brooklyn Methodist Hospital, and it is further

[* 3] 3 of 4 FILED: KINGS COUNTY CLERK 02/20/2024 04:37 PM INDEX NO. 507063/2021 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 02/20/2024

ORDERED that to reflect the dismissal of defendant Maya Lin, M.D. from this action, the caption is amended to read as follows: ------------------------------------------------------------------------------X GRACIE WEST as Administratrix of the Goods Chattels and Credits of A DREW WEST Deceased Plaintiff, -against- LEWIS GE UTH, M.D., ADVA TAGECAREPHYSICIA S, P.C.

MARGARITA KHOT A M.D. and EW YORK PRE BYTERIA BROOKL METHODIST HOSPITAL, Defendants. ------------------------------------------------------------------------------X and it is further ORDERED that the movants counsel is directed to electronically erve a copy of this decision/order with notice of entry on the other parties ' respective counsel and to electronically file an affidavit of service with the Kings County Clerk, and it is further ORDERED that the remaining parties are direct d to appear in person for Alternative Di pute Resolution on Apri l 16 2024 at 12PM.

This con titutes the decision/order of the Court.

[* 4] 4 of 4