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Sabbatino v. Sussman

Appellate Division of the Supreme Court of New York, Second Department
Apr 23, 2001
282 A.D.2d 665 (N.Y. App. Div. 2001)

Opinion

April 23, 2001.

In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Spodek, J.), entered February 15, 2000, which granted the motion of the defendant New York Methodist Hospital for summary judgment dismissing the complaint insofar as asserted against it and denied their cross motion to strike its answer.

Before: Ritter, J.P., Santucci, Goldstein and Crane, JJ., concur.


Ordered that the order is affirmed, with costs.

The defendant New York Methodist Hospital (hereinafter the Hospital) demonstrated its entitlement to judgment as a matter of law ( see, Zuckerman v. City of New York, 49 N.Y.2d 557). In response, the plaintiffs failed to raise a triable issue of fact ( see, Toth v. Community Hosp., 22 N.Y.2d 255; Fiorentino v Wenger, 19 N.Y.2d 407). Accordingly, the Supreme Court properly granted the Hospital's motion ( see, Argenziano v Romita, 250 A.D.2d 384).

The plaintiffs' remaining contentions are without merit.


Summaries of

Sabbatino v. Sussman

Appellate Division of the Supreme Court of New York, Second Department
Apr 23, 2001
282 A.D.2d 665 (N.Y. App. Div. 2001)
Case details for

Sabbatino v. Sussman

Case Details

Full title:BENEDETTO J. SABBATINO et al., Appellants, v. DAVID SUSSMAN, Defendant…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 23, 2001

Citations

282 A.D.2d 665 (N.Y. App. Div. 2001)
723 N.Y.S.2d 709